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HomeMy Public PortalAboutOrdinance 2091ORDINANCE NO. 2091 .~ :~ T ~ ~ ,~~ . : _ , - ^, CHAPTER 7 SUBDIVISION CONTROL ORDINANCE ARTICLE 3 WHEREAS, it is desirous to update the Subdivision Control Ordinances and WHEREAS, public hearings have been held hereon, and BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD, AS FOLLOWS: CHAPTER 1 GENERAL PROVISIONS SECTION: CONTENTS: 3-1-1 General 3-1-2 Interpretation 3-1-3 Authority 3-1-4 Application A. Purpose. The following regulations are adopted: For the purpose of promoting the public health, safety, and general welfare of the people of the Village of Plainfield, the people of the surrounding area, and the people visiting or passing through the Village; to conserve, protect, and enhance property values; to secure the most efficient use of land; and to facilitate the adequate but economical provision of public improvements. To provide for orderly growth and development; to afford adequate facilities for the safe and efficient means for traffic circulation of its population; and to safeguard the public against flood damage. To prescribe reasonable rules and regulations governing the Subdivision and platting of land; the preparation of plats; the location, width and course of streets and highways; the installation of utilities, street pavements, and other essential improvements; and the provision of public grounds for schools, parks, and playgrounds, and other public open space, the necessity for which is uniquely and specifically attributable to the proposed development. To establish procedure for the submission, approval, and recording of plats; and to Page 1 provide the means for enforcement and to provide penalties for violations. Section 3-1-1: General These regulations shall apply to development and re-development of land within the corporate boundaries of the Village of Plainfield and to all lands within one and one-half miles thereof, and not within the corporate boundaries of any other incorporated municipality. Said development shall, in all respects, be in full compliance with the applicable regulations set forth in this Ordinance. Section 3-1-2: Interpretation In interpreting and applying the provisions of this Ordinance, applicants shall be held to the minimum requirements thereof for the promotion and effectuation of the purposes set forth above. Section 3-1-3: Authority Authority for the administration of these regulations shall be vested in the Plan Commission of the Village of Plainfield. Section 3-1-4: AA l~ication The following persons, corporations, firms, etc., shall be required to comply with this ordinance, except as otherwise determined by the Village Administrator: A. Anyone considering the subdivision or resubdivision of land or a planned unit development. B. Anyone considering the development of property as noted above pursuant to annexation. C. Any project designated by the Village Administrator. Page 2 CHAPTER 2 APPROVALS, INTERPRETATIONS, AND EXCEPTIONS SECTION: CONTENTS: 3-2-1 Approval of Flan by Village Board ~_~_2 Prohibition on Conveyance of Unapproved Subdivision Lots 3-2-3 Prohibition of Improving Unapproved Subdivision Section 3-2-1: A roval of Plat b Villa a Board No land shall, after the adoption of these regulations, be subdivided, nor shall any plat or Subdivision be filed for record, nor any street laid out, nor any improvements made to the land, until the plat or plats of Subdivision or street improvements shall have been certified and approved by action of the Board of Trustees of the Village of Plainfield. The said certification and approval shall be in writing and placed on the original drawing of the Final Plat of Subdivision, in accordance with the procedure set out in Article 4 herein. Section 3-2-2: Prohibition on Conve ante of Una roved Subdivision Lots No lot, tract, or parcel of land within any such subdivision shall be offered for sale nor shall any sale, contract for sale, or option be made or given until such subdivision plats, together with required supporting data, have been reviewed by the Plainfield Flan Commission and approved and certified by the Board of Trustees of the Village of Plainfield. Section 3-2-3: Prohibition of Improving Unapproved Subdivision No improvements, such as sidewalks, water supply, storm water drainage, sewage facilities, gas service, electric service, or lighting, or grading, paving or surfacing of streets shall hereafter be made within any subdivision by any owner or owners or his or her agent, or by any public service corporation until the plats, together with required supporting data, for Subdivision and the plans for improvements thereto have been reviewed by the Plan Commission and approved by the President and Board of Trustees of the Village of Plainfield. Section 3-2-4: Disclosure of Property Interest At the time the owner of any development requests a building construction permit, he shall execute and file an "Affidavit of Disclosure of Property Interest" with the Village of Plainfield. In this affidavit, the owner will state either that the provisions of the ordinance apply to the subject property or that the ordinance Page 3 does not apply because the geographic azea of the property is less than that covered by Section 3-9-3A. In the latter case, the owner will also state that he has na property ar contractual interest in any contiguous property. The affidavit shall also include an agreement by the owner that if the owner subsequently acquires an interest in any contiguous property, within five (S) yeazs, such that the total combined azea of the subject properties is equal to or greater than that given in Section 3-9-3A herein, the owner will abide by the requirements of this Ordinance. Under these conditions, the provisions of this ordinance will apply to the entire, contiguous property. Page 4 CHAPTER 3 DEFINITIONS Any work or phrase, which is defined in this Section, shall have the meaning assigned to it by this Section whenever the work or phrase is used in this Ordinance. ALLEY - Apublicright-of--way primarily for vehicular traffic along the side or in the rear of properties which affords only a secondary means of access to abutting properties. APPLICANT -Any person, group or corporation acting as a unit or any agent thereof, dividing or proposing to divide land so as to constitute a subdivision as defined herein. BENCHMARK - A surveyor's mark on a permanent object of predetermined position and elevation used as a reference point. BUILDING -Any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or by walls in which there are no communicating doors, windows or openings; and which is designed or intended for shelter, enclosure or protection of persons, animals or chattels. BUILDING SETBACK LINE -Aline parallel to the street line at a distance from it, regulated by the front yard requirements of the Plainfield or of the Will County Zoning Ordinance. C.A.D. -Computer aided design. Any reference to C.A.D. requires submittal in both .DWG and .DGN format. CHANNEL - A natural or artificial watercourse of perceptible extent, with a definite bed and banks to confine and conduct continuously or periodically flowing water. Channel flow, thus, is that which water is flowing within the limits of the defined channel. COMM[.Jl~IITY DEVELOPMENT DEPARTMENT - A department of the Village of Plainfield which includes the planning and building divisions. COMPREHENSIVE FLAN -The Village of Plainfield's master long-range plan intended to guide the growth and development of the community. CONCEPT PLAN -The drawings and documents presented for tentative approval as described in chapter 4. Page 5 CROSSWALK - A public right-of--way located across a block to provide pedestrian access to adjacent streets or alleys. CUL-DE-SAC - A minor street having one open end and being permanently terminated by a vehicular turn-around. DATUM PLANE - A reference point from which elevations are measured. The datum plane is as established by the United States Geodetic Survey NGVD $$. DETENTION BASIN - A holding area for surface runoff until the water is released into the storm sewer, its main purpose is to prevent flooding. DRAINAGE SWALE - A mode of transportation for storm water above ground consisting of sloped pieces of land. EASEMENT - A grant by a property owner for the use of a strip of land by the general public, a corporation, or a certain person or persons for specific purpose or purposes. FRONTAGE ROAD - A public or private marginal access roadway generally paralleling and contiguous to a street or highway and designed to promote safety by eliminating unlimited ingress and egress to such street or highway by providing points of ingress and egress at more-or-less uniformly spaced intervals. GRADE - To level a surface to the correct elevation and slope. IMPROVEMENTS -PUBLIC IMPROVEMENTS -Any sanitary sewer, storm sewer, drainage ditch, water main, roadway, parkway strip, sidewalk, planting strip, cross walkway, off-street parking areas, or other facility for which the Village of Plainfield may ultimately assume the responsibility for maintenance and operation. INSPECTION - A visit to a project site in order to make certain it is in good condition and that construction plans are being followed and Village specifications and standards are being maintained. LOTS - A portion of a Subdivision intended as a unit for transfer of ownership or for development. LOT -DEPTH -The distance between the front lot line and the rear lot line as calculated by the average distance measured along each side lot line. LOT -THROUGH - A lot having frontage on two parallel or approximately parallel streets, and which is not a corner lot. On a through lot, both street lines shall be deemed front lines. Page 6 OFFICIAL PLAN -The comprehensive plan or any partion thereof made and adopted by the Plan Commission and the Board of Trustees in accordance with the laws of the State of Illinois and the ordinances of the Village of Plainfield indicating the general or specific locations recommended far streets, parks, public buildings, zoning districts and all other public improvements. OPEN SPACE -Green space or water separate from park space, detention, floodplain or other restricted area that has some passive recreational value. OUTLOT - A lot within a subdivision that is used for purposes other than building construction. PARCEL - A specific tract of land. PARK -That pazcel of land which is dedicated to a municipal park district, or County Forest Preserve District, and which is intended to be utilized for recreational purposes. PARKWAY - A strip of land, lying within the right-of--way of a street or roadway, between the paved roadway and the sidewalk. FLAN COMMISSION -The words "Plan Commission" as used herein, refer to the Plan Commission of the Village of Plainfield, Illinois. PLAT - A plan, map, drawing or chart on which the applicant's plan for the subdivision of land is presented and which he submits for approval and intends to record in final form. PLAT -FINAL -The drawings and documents presented for final approval as described in Chapter 6. PLAT -PRELIMINARY -The drawings and documents presented for tentative approval as described in Chapter 5. ROAD OR ROADWAY -The paved azea within a street right-of--way intended for vehiculaz traffic. RIGHT-OF-WAY - A general term denoting land, property or interest therein, usually in a strip acquired for or devoted to transportation. SEWERAGE -The system of carrying away waste water from houses and other buildings through underground pipes to the wastewater treatment plant. SIDEWALK -The portion of a street or cross walkway, paved or otherwise surfaced, intended for pedestrian use only. Page 7 SLOPE - An incline or a pitch of a surface. STREET - A public way other than an alley, which affords a primary means of access to abutting property. STREET -ARTERIAL - A street of considerable continuity which serves or is intended to serve as a major traffic artery connecting various sections of Plainfield. STREET -LOCAL - A street primarily as access to abutting properties. STREET MAJOR COLLECTOR - A street which carries traffic from minor collectors to arterials but are not constructed in subdivisions. STREET, MARGINAL ACCESS - A minor street which is parallel and adjacent to highways and major streets and which provides access to abutting properties and protection to local traffic from fast, through, moving traffic on the highways and major streets STREET MINOR COLLECTOR - A street which carries traffic from minor streets to the major street system includes the principal entrance streets of residential subdivisions and streets intended for circulation within such subdivisions. STREET -PUBLIC -Any major, secondary or minor streets which is shown on the subdivision plat and is or is to be dedicated to public use. STREET -WIDTH -The shortest distance, between lines of lots delineating the pubic street. SUBDIVISION -The division of any tract or parcel of land into two or more lots or other divisions of land for the purpose, whether immediate or future, of transfer of ownership or for building development, or, if a new street is involved, any division of such parcel; provided, however, that the division of land into parcels of more than five (5) acres, nor involving any change in street lines or public easements, shall not be deemed a subdivision within the meaning of these regulations. The terms include resubdivision and where appropriate to the context, shall relate to the process of subdividing or to the land subdivided. Application for a permit to construct two or more dwellings on a parcel or tract of land where one or more dwellings already exist shall be construed as a building development envisioning future transfer of ownership and shall be regarded as subdivision. For purposes of administration of these regulations a parcel or tract of land shall be deemed to have the boundaries and dimensions given in the current maps of record of the County of Will. Page 8 UTILITIES - A supply of a service to a house or building, such as a sewer, water, gas, electric or telephone service. VILLAGE -The word "Village" shall mean the Village of Plainfield. VILLAGE BOARD or BOARD OF TRUSTEES -The terms "Village Board" or "Board of Trustees" shall mean the "President and Board of Trustees of the Village of Plainfield" or defined by stating the term "Village Board" means the "President and Board of Trustees of the Village of Plainfield." Under Illinois law, it is the "corporate authorities" who are the governing legal authority. Furthermore, under the Municipal Code where the authority is given for the Village to approve preliminary and final plats, it is the corporate authorities, i.e. the President and Board of Trustees that is the governing authority. VILLAGE ENGINEER - Such a person or firm as may be designated by the Village Board of Trustees to serve as the Village's engineering representative. VILLAGE PLANNER -Senior Planner within the Community Development Department as created in Section 2-131 of the Village Code. Page 9 CHAPTER 4 PROCEDURES SECTION: CONTENTS: 3-4-1 Optional Concept Plan 3-4-2 Preliminary Plat Approval 3-4-3 Final Plat Approval 3-4-4 Fees Section 3-4-1: Optional Conc t Plan Prior to submitting a preliminary plat, any applicant may file with the Village Clerk thirty (30) copies and two (2) CAD copies of the Concept Plan a minimum of thirty (30) days prior to a Plan Commission meeting whose date is agreed to by the subdivider and Village Planning Staff. The Concept Plan shall contain the name, address, fax, phone and email of the applicant shall identify the location, zoning classification, and use of all properties surrounding the parcel to be subdivided; the current zoning of the parcel to be subdivided; and shall show the location of any proposed major streets, public facilities, existing natural features, such as woodland and/or ponds and an indication of the appropriate number of lots proposed with typical dimensions, densities overall and by zoning class, minimum and average lot sizes, and the number of lots by zoning class if the subdivision lies within the Village limits. 'The Plan Commission shall review the concept plan with the subdivider for conformance with the official Plan or other plans of the Village, the Zoning Ordinance, and such other plans and ordinances as may apply. The Commission may also invite opinions from the Village Engineer, Public Works Staff, Police Department, Fire Protection District, Village Planning Staff, Economic Development Department, and representatives from the Park District and School District and Township Boards and other agencies that maybe appropriate. The Plan Commission may request revisions to the concept plan and/or may review the concept plans at more than one meeting. The approval of a concept plan by the Plan Commission is strictly tentative, involving merely the general acceptability of the layout as submitted. The Optional Concept Plan shall be reviewed by the Board of Trustees, Plan Commission, and/or a committee of the Baard to gather comments and direction but shall not require formal approval. Page 10 Section 3-4-2: Prelimin Plat A royal A. Submission of the PreliminaT Plat Before completing final surveys and engineering plans for proposed improvements to any subdivision, the subdivider shall file with the Village Clerk one (1) copy of an application for subdivision approval together with thirty (30) copies and two (2) CAD copies of the preliminary plat of subdivision in accordance with the requirements set forth in Article 3-S herein. B. Exceptions from the Preliminary Plat Requirements In the event a proposed Subdivision is five (5) acres or less in area, the subdivider shall have the right to dispense with prepazation of the preliminary plat and may proceed directly with submission of the final plat. In such a case, the fee required at the time of Preliminary Plat submission shall be payable upon submission of the Final Plat. C. Distribution of the Preliminary Plat Village Flanning Staff shall determine whether the preliminary plat, subdivision application and required fees are in proper form and shall not receive or consider the application as filed until all documents are submitted in accordance with the requirements herein and a written assurance of fee payment has been received from the Village Clerk. Within five (5) days after the Village Planning Staff determines the preliminary plat meets the requirements of the paragraph above, the Village Clerk shall retain two (2) copies for the Village files, refer one (1) copy each to the School District, Township, Fire District, Police Department, and Park District Boards for their information, two (2) copies to the Village Engineer, and two (2) copies to Public Works Staff. The remaining copies shall be forwazded to the Plan Commission for its review and recommendations. D. Consideration of the Preliminary Plat Once the application has been properly filed, the Plan Commission shall consider the preliminary plat at a Plan Commission meeting whose date is agreed to by the subdivider and Village Planning Staff. The Plan Commission will review the preliminary plat for conformance with the Official Plan or other plans of the Village, the Zoning Ordinance (if the subdivision lies within the Village limits), and such other plans and ordinances as may apply. The Plan Commission shall take into consideration the topography of the area, the general requirements of the community, the particular requirements of the neighborhood, and the highest and best use of the land to be subdivided. Particulaz attention will be given to specific Fage 11 requirements for parks, open space, playgrounds, school sites, arterial and collector streets, adequacy of street connections and traffic patterns and the suitability of the land for development. The Plan Commission shall also seek the Village Engineer's, Public Works, and Fire District opinion concerning matters relating to street layout, grading, drainage, and such other matters encompassed under engineering review. In the event the preliminary plat and required supporting data discloses matters upon which the Plan Commission desires amplification, or in the event the preliminary plat is in conflict with the Official Plan or other plans of the Village, or the Village Engineer finds conflicts with standard engineering practice, the Plan Commission may notify the owner or subdivider of such conflicts so that he may appear at a Plan Commission meeting and be heard. In the event that the Plan Commission requests revised Preliminary Plats and/or required supporting data, the subdivider shall follow the submission requirement of Section 3-4-2-A E. Action by Plan Commission on Prelimin Plat The Plan Commission shall recommend approval, approval with stipulations, or disapproval the Preliminary Plat within ninety (90) days from the date the village Planning Staff has determined that the submission is complete or the filing by the applicant of the last item of required supporting data, whichever is later, unless an extension of time is agreed upon by the subdivider and Village Planning Staff. If such plat is disapproved then within said 90 days the Plan Commission shall furnish to applicant, in writing, a statement setting forth the reason for disapproval. F. Action by Board of Trustees on Preliminary Plat After receiving the recommendation of the Plan Commission, the Board of Trustees shall approve, approve with stipulations or disapprove the Preliminary Plat within thirty (30) days after its next regularly slated meeting following the action of the Plan Commission or completion of requirements stipulated by the Plan Commission to be completed prior to Boazd consideration. G. Effect of Approval of Preliminary Plat Approval of the Preliminary Plat shall not constitute approval of the subdivision by the Boazd of Trustees but shall signify merely the general acceptability of the proposed subdivision. Such approval shall be considered permission to prepaze the Final Plat of Page 12 Subdivision, with detailed plans and specifications for the proposed subdivision and for all public improvements to be constructed therein by the subdivider. Such approval shall be effective for no more than one year from the date approval was granted, unless, upon application of the subdivider, the Board of Trustees grants an extension of time beyond such period. Upon approval of the preliminary plat by the Village Board, the certificate in Chapter 5 shall be completed upon two (2) reproducible C.A.D. copies and thirty (30) paper copies thereof. The thirty (30) paper copies shall be distributed in accordance with the provisions of this Chapter. Section 3-4-3: Final Plat Approval A. Submission of the Final Plat Within one year after receiving approval of the Preliminary Plat, the subdivider shall file with the Village Clerk thirty (30) paper and two (2) CAD copies of the Final Plat subdivision containing the information set out in Chapter 6 of this ordinance as well as six (6) paper and two (2) CAD copies of all required documents -application, the development plans and specifications, studies and reports set out in Chapter 6 of this ordinance. B. Distribution of the Final Plat Village Planning Staff shall determine whether the 1- i~~a~f 3' ~.~ a, development plans and specifications, studies and reports are in proper form and shall not review or consider the application as filed until all documents are submitted in accordance with the requirements herein and a written assurance of fee payment has been received from the Village Clerk. Within five days after Village Planning Staff determines the Final Plat meets the requirements of the paragraph above, the Village Clerk shall retain two (2) copies for the Village files, refer one (1) copy each to the School District, Township and Park District boards for their information, two (2) copies to the Village Engineer (with two (2) copies of all required documents), and two (2) copies to Public Works Staff, Fire District and Police Department (with two (2) copies of all required documents). C. Consideration of the Final Plat Once the application has been properly filed, the Plan Commission shall consider the preliminary plat at a Plan Commission meeting whose date is agreed to by the subdivider and Village Planning Staff. The Plan Commission will review the Final Plat for conformance with the Official Plan or other plans of the Village, the Page 13 Zoning Ordinance (if the subdivision lies within the Village limits), and such other plans and ordinances as may apply. The Final Plat shall retain the overall characteristics of the Preliminary Plat and may embrace all or part of the area shown on the Preliminary Plat. In the event the Final Plat, development plans and specifications, studies and reports discloses matters upon which the Plan Commission desires amplification, or in the event the preliminary plat is in conflict with the Official Plan or other plans of the Village, or other of the flan Commissions planning studies or the Village Engineer finds conflicts with standazd engineering practice, the Plan Commission may notify the owner or subdivider or such conflicts so that he may appear at a Plan Commission meeting and be heard. In the event that the Plan Commission requests revisions to the Final Plat, development plans and specification, studies and reports, the subdivider shall follow the submission requirements of Section 3-4-3-A. D. Action by Plan Commission on Final Plat The Plan Commission shall recommend approval, approval with stipulations or disapproval the Final Plat within ninety (90) days from the date Village Planning Staff has determined that the submission is complete or the filing by the application of the last item of required supporting data, whichever is later, unless an extension of time is agreed upon by the subdivider, and Village Planning Staff. If such plat is disapproved, then within said ninety (90) days the Plan Commission shall furnish to the applicant, in writing, a statement setting forth the reasons(s) for disapproval and specifying with particularity the aspects in which the proposed plat fails to conform to the ordinances and the Official Plan. E. Action by the Boazd of Trustees an Final Plat After receiving following the final recommendation of the Plan Commission, the Board of Trustees shall approve, approve with stipulations or disapprove the Final Plat within thirty (30) days after its next regulazly slated meeting following the action of the Plan Commission or completion of stipulations as required by the Plan Commission. F. Effect of Approval of Final Flat If the Final Plat is approved the Village Clerk shall attach a certified copy of the order or resolution of approval to a copy of the plat and the certificates in Chapter 6 shall be completed upon five (5) reproducible copies thereof. If the proposed plat is disapproved, the order or resolution shall state the reasons for the disapproval. A copy of the order or resolution shall be filed in the office of the Village Clerk. Any approval of the Final Plat and required documents and papers by the Board of Trustees shall, however, be Page 14 null and void if the plat is not recorded with the Recorder of the County in which the subject property is located, within ninety (90) days after the date of approval. After the Final Plat is recorded, ten (10) copies of the plat, bearing evidence of recordation shall be furnished to the Village Clerk. The Village Clerk shall retain two (2) copies for the Village files and the Village Clerk shall transmit one (1) copy each to the Park District, Township, School Boards, Fire District and Police Department, as well as two (2) copies to Public Works Department. Re-approval after the 90-day period requires re-filing any additional information as required by the Community Development Department and the necessary fee for final plat. Section 3-d-4: Fees A. In consideration of the expense, in time and materials, which the Village must incur in the processing of subdivision plats, and in the review and inspection of subdivision improvements in such a manner as to insure orderly development and extension of public services, the following fees and charges shall be paid to the Village Clerk: Administrative Fees: Development and Type Fee Variance (Includes Administrative Variance) Rezoning Site Plan Review Annexation (and zoning) Special Meeting Text Amendment Residential (R1-R4) _ $175 Business (B 1-BS) = $225 ORI, OCI = $225 Industrial (I) _ $225 If 10 acres or less = $250 If 11-50 acres = $250 + $8/acre If 51-100 acres = $625 + $5/acre If 101-200 acres = $1,125 + $3/acre If ~ 200 acres = $2,125 $330.00 If 11-50 acres = $225 + $8/acre If 51-100 acres = $62S + $5/acre If 101-200 acres = $1,125 + $3/acre If ~ 200 acres = $2,125 If 10 acres or less = $225 $375 $350 Page 15 Special Use Permit Planned Development Final Plat If 10 acres or less = $275 If 11-50 acres = $275 + $10/acre If 51-100 acres = $775 + $S/acre If ~ 100 acres = $1,600 per special use permit If 10 acres or less = $200 If 11-50 acres = $200 + $8/acre if 51-100 acres = $600 + $5/acre If 101-200 acres = $1,100 + $3/acre If ~ 200 acres = $2,000 Concept Flan If 10 acres or less = $150.00 If 11-50 acres = $150 + $3/acre If 51-100 acres = $300 + $2/acre If 101-200 acres - $500 + $1/acre If ~ 200 acres = $800 B. Timin of Work, Bi11in sand Pa ents All contacts with the Village staff made prior to the submission of the optional sketch plan as defined in Section 401 of this ordinance, plus one "sketch plan review conference" prior to presentation to the Plan Commission, shall be provided without charge, except for consulting fees. Representatives from the School District, Park District and Township Boards maybe invited to such a conference. All additional meetings and efforts shall be paid for as provided above. C. D osit Policy When applying to the Village of Plainfield far a development or improvement which will require the Village Engineer, Village Attorney, or another outside consultant to perform work fax which the Village will be billed by these parties, the Village will collect a deposit in accordance with the following schedules before these consultants perform any work for the applicant and before the item is acted upon by any Board or Commission of the Village of Plainfield. For Residential and Commercial Developments: $0 for construction of a single residence or improvement of a single residence. Improvements to an existing commercial building or single business shall also not require a deposit. Pags 16 $500 for developments up to two acres $2,000 for developments of over two acres up to and including five acres $3,500 for developments of over five acres up to and including ten acres $5,000 for developments of more than ten acres up to and including 25 acres $10,000 for developments greater than 25 acres. * The Village Board shall have the sole discretion to increase the required deposit for any development, construction, or improvement if the developer has a poor payment history with the Village, or other extenuating circumstances. All acreages referred to above represent the gross acreage of the developments including parks, open space, parking, roads, easements, rights of way, etc. If the amount of the balance outstanding exceeds the amount of the deposit, Collection procedures may be accelerated at the discretion of the Village Administrator and/or Finance Director. The deposit will be returned to the developer 30 days after the acceptance of the public improvements by the Village. The Village Board shall then authorize the release of the deposit (usually on the Consent Agenda of its next Village Board meeting). The deposit will then be "netted" against any residual balance due and returned to the developer. The Village of Plainfield will retain interest earned on the deposit as compensation for the administrative time and expenses incurred related to the billing and collection of pass through legal and engineering expenses related to the development. Any deposit not claimed by any developer within one year (365 calendar days) of its being released by the Board of Trustees shall be deemed as forfeited and shall be retained by the Village of Plainfield. The deposit does not take the place of normal billing procedures of the Village. The applicant will still receive monthly statements from the Village detailing all of the consultants' billings for the month. These statements will have collection terms as follows: The Village shall bill each developer or applicant on whose behalf the Village has incurred such expenses referred to herein on a monthly basis, the Fage 17 balance due thirty (30) days from the date of billing. All payments shall generally be made in full far each of the following stages; optional sketch plan review, preliminary plat review, final plat review, inspection of subdivision improvements and acceptance of subdivision improvements, before proceeding with work on a subsequent stage. The Village shall reserve the right to stop all review and inspection procedures, including Plan Commission review, and such work as is being inspected, until all fees are paid. Fage 18 CHAPTER 5 STANDARDS AND SHOWINGS FOR PRELIMINARY PLATS AND REQUIRED SUPPORTING DATA SECTION: CONTENTS: 3-5-1 Farm of Preliminary Plat 3-5-2 Contents of Preliminary Plat Section 3-5-1: Form of Prelirnin Plat The Preliminary Plat shall be prepazed by a licensed land surveyor. The Preliminary Plat needs to be submitted at a maximum scale of 1" = 100' and 8'/z" x 11". Section 3-5-2: Contents of Prelimin Plat A. General Information The following general information shall be shown on the Preliminary Plat: 1. The proposed name of the subdivision. This name shall no duplicate or resemble the name of any existing subdivision within the area subject to this Ordinance. 2. The date, scale, north point and legend. 3. An identification clearly stating that the map is a Preliminary Plat. 4. Location by township, section and range. 5. Names of adjacent subdivisions or, in the case of unplatted land, the name of the owner or owners of adjacent property. 6. The names, post office addresses, email and phone and fax numbers of the owner, the subdivider and the licensed professional surveyor who prepazed the plat. 7. Date of the topographic survey. 8. Proposed names of all streets. 9. Total Acreage Page 19 B. Existin Conditions 1. Location, width, and names of streets, bike paths easements, utility and railroad right-af--ways, and other important features such as section lines and corners, city boundary lines and monuments, tree lines, flaodplains, water courses, floodways, wetlands, historically or archaeologically sensitive areas, parks and other public open spaces, permanent buildings and structures within, and to a distance of 100 feet. 2. Two foot contour lines relating to NAVD 88. The bench mark shall be listed on the plat. Horizontal control relating to state plane coordinates. 3. Location map. 4. Existing uses of the property including the location of all existing structures showing those that will be removed and those that will remain on the property after the Final Plat is retarded, as well as: (a) Old wells, if any (b) Septic tank systems and outlets, if any (c) Farm drains, inlets and outfalls, if any. 5. The lacation, size, and elevation (where applicable) within the subdivision and in the adjoining streets and property of existing sewers, water mains, culverts, drain pipes and electric and gas utility lines proposed to serve the property to be subdivided. G. Zoning, boundary lines, and property owners of adjacent tracts. 7. Tree survey consistent with section 3-12-10-C. C. Pro osed Conditions: The following information with respect to the manner in which the tract is to be subdivided and developed shall be included on the Preliminary Plat: 1. Location, width and names of dedicated streets and public easements, typical cross-sections of streets, location of underground utilities, sidewalk and bike path width and thicknesses. The preliminary Plat shall show the relationship of all streets to any projected streets shown, or any development plan adopted by the Plan Commission, or Board of Trustees. Page 20 2. Layout, number and dimensions and sizes of lots. 3. Sites, if any, to be allocated for development with other than single family dwelling. 4. Layout and size of sewers, water mains, culverts, underground facilities, floodplains, floadways, histarically and/or, archaeology sensitive areas, wetlands, parks, and other public open spaces, stormwater detention facilities, overland release routes, street lights, and ather major public improvement. 5. Proposed building setback lines, with dimension. 6. The Preliminary Plat Certificates contained in the Village Standards. D. Re aired Su artin Data to be Submitted with the Prelimin Plat The following required supporting data shall be submitted in separate statements and/or maps accompanying the Preliminary Plat, or if practical, such data and information may be shown on the Preliminary Plat: 1. Proposed deed restrictions (restrictive covenants), if any, in outline form. 2. Detailed grading plan of a portion or all of the area when required by the Plan Commission. 3. A traffic study analyzing the improvements required within and near the proposed subdivision. 4. A statement of the general nature and type of improvements that will be installed by the applicant including required improvements and the approximate time that such improvements will be completed. 5. Soil information report prepared by the Will-South Cook Soil and Water Conservation District. 6. Wetlands study 7. Archaeological or historical study 8. Endangered species consultation Page 21 CHAPTER 6 STANDARDS AND SHOWINGS FOR FINAL PLATS OF SUBDIVISIONS AND REQUIRED DOCUMENTS AND PAPERS. SECTION: CONTENTS: 3-6-1 Form of Plat 3_6_Z Content of Final Plat 3-6-3 Supplemental Information to be Submitted with Final Plat 3-6-4 Contingency of Final Plat on Addressing Section 3-6-1: Form of Plat The Final Plat shall be prepared by a licensed land surveyor. The Final Plat needs to be submitted at a maximum scale of 1" = 100' and 8 '/z" x 11 ". Section 3-6-2: Content of Final Plat A. Generallnformation The following general information shall be shown on the Final Plat. 1. The proposed name of subdivision. 2. The date, scale, north point, and legend 3. An identification clearly stating that the map is a Final Plat. 4. A legal description of the tract boundaries, tied to state plane coordinates. 5. The names, post office and email addresses, and telephone and facsimile numbers of the owner, the subdivider and the licensed professional surveyor who prepared the plat. 6. Seal and signature of licensed surveyor. B. Delineation Reference points of existing surveys identified, related to the plat by distances and Page 22 bearings and reference to a field book or map as follows: 1. Adjoining corners of all adjoining subdivisions, including the Retarder of Deeds reference of such subdivision. 2. Township, section and range. 3. All other monuments found ar established in making the survey of the subdivision or required to be installed by the provisions of this ordinance. 4. Lot lines with dimensions, bearings and deflection angles and radii, tract boundary lines, right-of--way lines and center-of-streets, arcs, points of curvature, and tangent bearings. Tract boundaries and street bearings shall be shown to the nearest 15 seconds with the basis of the bearings. All distances shall be shown to the nearest 0.01 feet. No ditto marks shall be used. S. The width of the portion of any streets being dedicated, the width of any existing right-of--way, and the width on each side of the centerline. For streets on a centerline and in addition to the centerline dimensions, the radius and ventral angles shall be indicated. 6. All easements shall be denoted by fine dotted lines, clearly identified and if already on record, the Recorder of Deeds reference of such easements. If an easement is not definitely located of record, a statement of such easements shall be included. The width of the easement, its length and bearing and sufficient ties to locate it definitely with respect to the subdivision must be shown. If the easement is being dedicated by the map, it shall be properly referenced in the owner's certificate of identification. 7. Lot numbers begin with the number one, and numbered consecutively. 8. Land parcels to be dedicated far any purpose, public ar private, to be distinguished from lots or tracts intended for sale. 9. Building setback lines, with dimensions. 10. The name of each street shown on the subdivision plat. 11. The names of adjoining street. Page 23 12. The Final Plat Certificates as required by the Village Standards. 13. Proposed covenants, restrictions and evidence of a Dormant Special Service Area that addresses any common features. Section 3-6-3: Su lemental Information to be Submitted with Final Plat The following additional data shall be submitted with the Final Plat: A. A Preliminary title report by a title insurance company, or an attorney's opinion of title, showing the name of the owner of the land and all other persons who have an interest in, or an encumbrance on it, shall be included in the Plat. The consent of all. such persons shall be shown on the Plat. B. Sheets and drawings showing the following: 1. Traverse data, including the coordinates of the boundary of the Subdivision and ties to section corners and showing the error of closure, if any. 2. The computation of all distances, angles and courses shown on the final map. 3. Ties to existing monuments, proposed monuments, adjacent subdivisions and street corners. C. A copy of any deed restrictions applicable to the subdivision. D. The following certificates, which may be combined where appropriate: 1. A certificate signed and acknowledged by all parties having any record, title, or interest in the land subdivided, and consenting to the preparation and recording of the said subdivision map. 2. A certificate signed and acknowledged as above, dedicating all parcels of land shown on the Final Plat and intended for any public use except those parcels which are intended for the exclusive use of the lot owners of the subdivision, their licensees, visitors, tenants and servants. Page 24 3. A certificate signed by the licensed professional engineer or surveyor responsible for the survey and final map. The signature of the said engineer or surveyor shall be accompanied by his seal. 4. Notarized certification, by owner or owners, or by any mortgage holder on record, of the adoption of the Plat and the dedication of streets and other public areas. 5. Certifications showing that, all taxes and special assessments due on the property to be subdivided, have been paid in full. 6. Agreement to pay all required Village fees. Section 3-6-4 Contingencesfor Addressing: Addressing will not commence until receipt of the Final Plat meeting the above requirements. House numbers will not be issued for Village department review until ten working days following the receipt of the recorded plat. Building permits cannot be issued until establishment of addresses. Page 2S CHAPTER 7 GUARANTEE OF PERFORMANCE SECTION: CONTENTS: 3_7_1 Plans, Reports and Studies 3_7_2 Subdivision Security 3_7_3 Other Requirements A. A final plat shall not be released by the Village unless the following supporting documents and fees have been submitted to the Village. 3-7-1 PLANS REPORTS AND STUDIES CD-ROM Mylar pater CD R/W Format Development Plans 2 sets 6 sets .dgn and .dwg AutoCad release 2000 Specifications 6 sets Word `97 Final Plat 2 sets 6 sets .dgn and .dwg AutoCad release 2000 Studies 2 sets Word 97 Reports 2 sets Word 97 Engineer's Opinion 2 sets Word 97 of Probable Construction Costs 3.7.2 SUBDNISION SECURITY A. A form of security in a form acceptable to the Village. If an irrevocable letter of credit is furnished, it shall be in substantially the following farm: IRREVOCABLE LETTER OF CREDIT DATE: BANK: DEVELOPMENT NAME UNIT NO. Page 26 TO: Village of Plainfield 530 West Lockport Street, Suite 206 Plainfield, IL 60544 ATTN: Susan Janik, Village Clerk Dear Ms. Janik The undersigned Bank of by and through (name and title) its duly authorized agent and representative, hereby issues to the Village of Plainfield this Irrevocable Letter of Credit in the amount of $ ,which such credit may be drawn by said Village at sight on us. Demands on said letter of credit must be accompanied by the certificate of the Village Clerk of the Village of Plainfield certifying either: (1) that said letter of credit is about to expire and has not been renewed; or (2) that work has not been completed in accordance with the plans, specifications and agreements (including any amendments thereof) far the following project: We hereby open our irrevocable credit in your favor for the account of (hereinafter referred to as "Developer"). This Irrevocable Letter of Credit shall expire an 20 ;provided, however, the undersigned shall notify the Village Clerk, by certified mail, return receipt requested, at least ninety days prior to said expiration date that said letter of credit is about to expire. In no event shall this Irrevocable Letter of Credit or the obligations contained herein expire except upon said prior written notice, it being expressly agreed by the undersigned that the above expiration date shall be extended as shall be required to comply with this notice provision. The undersigned further agrees that this Irrevocable Letter of Credit hall remain in full force and effect and pertain to any and all amendments or modifications which may be made from time to time to the plans, specifications and agreements for the Project, without notice from said Village of such amendments or modifications. Such improvements must be installed in accordance with the ordinances of the Village of Plainfield, the final plat and specifications, and be approved by the Village Engineer and approved by the President and Board of Trustees of the Village of Plainfield. All acts, requirements and other preconditions for the issuance of this Page 27 Irrevocable Letter of Credit have been completed. The Bank of hereby undertakes and engages that all demands made in conformity with this Irrevocable Letter of Credit will be duly honored immediately upon presentation. If, within 5 days of the date any demand (made in conformity with this Irrevocable Letter of Credit) is presented, we fail to honor same, we agree to pay all attorney fees, court costs and any other expenses incurred by the Village of Plainfield Illinois in enforcing any of the terms of this Letter of Credit. This Letter of Credit is subject to the Village of Plainfield executing the final plat of the above-specified developrnent which has been approved by the Village of Plainfield, an unsigned copy of said plat of subdivision is attached hereto. The consideration for this Irrevocable Letter of Credit is provided by agreements between this financial institution and the developer. The undersigned are officers of this financial institution and they are duly authorized by the Board of Directors to execute this Irrevocable Letter of Credit. This Letter of Credit shall be subject to the Uniform Customs and Practice for Documentary Credits. NAME OF BANK BY: Its President ATTEST BY: If a subdivision bond is furnished, it shall be in substantially the following form: SUBDIVISION BOND DATE: SURETY COMPANY: DEVELOPMENT NAME: UNIT NO. Page 28 TO: Village of Plainfield 530 West Lockport Street, Suite 206 Plainfield, IL 60544 ATTN: Susan Janik, Village Clerk Dear Ms. Janik The undersigned Surety Company of by and through (name and title) its duly authorized agent and representative, hereby issues to the Village of Plainfield this Subdivision Bond in the amount of $_ ,which such credit may be drawn by said Village at sight on us. Demands on said Subdivision Bond must be accompanied by the certificate of the Village Clerk of the Village of Plainfield certifying either: (1) that said Subdivision Bond is about to expire and has not been renewed; or (2) that work has not been completed in accordance with the plans, specifications and agreements (including any amendments thereof) for the following project: We hereby open our Subdivision Bond in your favor for the account of (hereinafter referred to as "Developer"). The undersigned shall notify the Village Clerk, by certified mail, return receipt requested, at least ninety days prior to expiration that said Subdivision Bond is about to expire. In no event shall this Subdivision Band or the obligations contained herein expire except upon said prior written notice, it being expressly agreed by the undersigned that the above expiration date shall be extended as shall be required to comply with this notice provision. The undersigned further agrees that this Subdivision Bond shall remain in full force and effect and pertain to any and all amendments or modifications which may be made from time to time to the plans, specifications and agreements for the Project, without notice from said Village of such amendments or modifications. Such improvements must be installed in accordance with the ordinances of the Village of Plainfield, the final plat and specifications, and be approved by the Village Engineer and approved by the Board of Trustees of the Village of Plainfield. A11 acts, requirements and other preconditions for the issuance of this Subdivision Bond have been completed. The Surety Company hereby undertakes Page 29 and engages that all demands made in conformity with this Subdivision Bond will be duly honored immediately upon presentation. If, within 5 days of the date any demand (made in conformity with this Subdivision Bond) is presented, we fail to honor same, we agree to pay all attorney fees, court casts and any other expenses incurred by the Village of Plainfield Illinois in enforcing any of the terms of this Subdivision Bond. This Subdivision Band is subject to the Village of Plainfield executing the final plat of the above-specified development which has been approved by the Village of Plainfield, an unsigned copy of said plat of subdivision is attached hereto. The consideration for this Subdivision Bond is provided by agreements between this financial institution and the developer. The undersigned are officers of this financial institution and they are duly authorized by the Board of Directors to execute this Subdivision Bond. NAME OF BANK BY: Its President ATTEST BY: Its...... The below stated procedures shall be followed for: 3_7_2_g, Initialization of Securi Amounts 1. Six (6) sets of full and final calculations far establishment of security amount shall be submitted to the Village Engineer no less that ten (10) working days prior to Board consideration of the Final Plat. Two (2) sets shall be given to the Village's Public Works Department and 2 sets shall be given to the Director of Community Development. 2. Calculations shall be in bid format, and shall show individual items, quantities, unit prices, extensions, and total of Phase I and Phase II and Phase III improvements. See subdivision standards 1200 A - 1200 F. 3. Subdivision security shall be 125% of the value of improvements. Page 30 4. No more than three (3) Letters of Credit (Phase I, Phase I and Phase III) shall be submitted for any final plat. PHASE I -IMPROVEMENTS - Erosion Control - Excavation - Storm Water detention facility - including restoration, riparian vegetation, rip rap, trees. - Watermain and appurtenances - Sanitary sewer including forcemains, lift and pump stations and generators and appurtenances. - Storm sewer and appurtenances. -1$ Month Maintenance Period after all improvements are made. PHASE II -IMPROVEMENTS - Curb and Gutter - Subbase course - Base course - Binder course or PCC pavement - Street signs - Street Lights - Traffic control - Traffic signals - Culverts and bridges _ Maintenance Period extends to completion of Phase III Maintenance Period. PHASE III -IMPROVEMENTS - Bikepaths - Surface course - Sidewalks - Parkway Restoration -grading, seeding and trees - Pavement Striping -Maintenance Period 12 Months 3-7-2-C REDUCTION Ob' SECURITY AMOUNTS 1. Reductions can be made only after an entire phase is completed. 2. Reductions shall be submitted to the Village Engineer no less than sixty (60) working days prior to Board consideration of the reduction. The Village Engineer shall notify the Community Development Director and Page 31 Director of Public Works. Reductions requested during the winter season may be delayed fox Boazd consideration if the punchlist can not be completed. 3. Periodic reduction requests shall be accompanied by an itemized listing of completed and uncompleted work in the same format as 3-7-2-B. Requests made for Phase I improvements shall be accompanied by the following documents which shall be submitted to the Village Engineer: - Video tapes and logs of all sanitary sewer lines. - Phase I As-built drawings as follows in conformance with the Plainfield Subdivision Standards and Specifications. -Phase lI As-built drawings as follows in conformance with the Standards and Specifications. - 6 sets paper - 2 sets mylar - 2 sets CAD, both .dgn and .dwg Release 2000 CD R/W Format 4. Requests made for Phase 2 improvements shall be accompanied by the following documents which shall be submitted to the Village Engineer: - 6 sets paper - 2 sets mylar - 2 sets CAD, bath .dgn and .dwg Release 2000 CD R/W Format 5. Punch lists of noted deficiencies shall be submitted to the Applicant, no more than thirty (30) working days following receipt of the request for reduction. 6. Repairs required by the punchlist shall be completed by the Applicant, and witnessed by the Village no less than ten (10) working days priox to Boazd consideratian. 7. Final recommendation of acceptance or declination of acceptance shall be submitted to the Applicant, no less than eight (8) working days prior to Board consideration of the acceptance. All reduced security amounts shall be calculated as follows: Value of Uncompleted Work +Value of Punchlist Items (deficiency corrections) +10% maintenance amount of the Ori final Securi = Total Value of Security Required 9. Na letter of credit shall be reduced to less than 10% of initial value or $25,000, whichever is gxeater before the completed improvements are Page 32 accepted by the Village of Plainfield. 10. No letter of credit shall be reduced prior to the submittal of as-built drawings 3-7-2-D ACCEPTANCE OF PUBLIC IMPROVEMENTS 1. Application far acceptance of public improvements shall be submitted to the Village Engineer no less than ninety (90) working days prior to Board consideration of the acceptance. Acceptance during the winter season may be delayed for Board consideration if the punchlist can not be completed. 2. Punch lists of noted deficiencies shall be submitted by the Village Engineer to the Applicant, Community Development Director, and Director of Public Works, no less than thirty (30) working days prior to Board consideration of the acceptance. 3. Repairs required by the punchlist shall be completed by the Applicant, and witnessed by the Village na less than ten (l0) working days prior to Board consideration. 4. Final recommendation of acceptance or declination of acceptance shall be submitted by the Village Engineer to the Applicant, Director of Public Works, and Community Development Director, no less than eight (8) working days prior to Board consideration of the acceptance. 3-'7-2-E EXPIRATION OF SECURITY 1. Security shall not expire without ninety (90) working days prior notification by the Applicant or Surety, nor without written Village approval of the expiration. 2. The Village Engineer shall review the work and submit a punch list if necessary to the Applicant, Community Development Director, and Director of Public Works prior to the scheduled expiration date. 3. Repairs required by the punchlist shall be completed by the Applicant, and witnessed by the Village na less than ten (10) working days prior to Board consideration. 4. Final recommendation of acceptance or declination of acceptance shall be submitted by the Village Engineer to the Applicant, Director of Public Works, and Community Development Director no less than eight (8) Page 33 working days prior to Board consideration of the acceptance. 3-7-3 OTHER REQUIREMENTS A. Plats of dedication; or easements if required. B. Sewer and Water connection fees. C. IEPA, IDOT, WCHD, ICCHD permits if required. D. All recapture fees if required. E. Any and all fee required by annexation agreement, Village ordinances, resolutions, or motions if required. Page 34 CHAPTER 8 IMPROVEMENT PROCEDURES SECTION: CONTENTS: 3-8-1 Final Improvement Plans 3_8_2 Contents of Engineering Drawings 3-8-3 Review by Village Engineers 3_$_4 Approval by Plan Commission 3-$-5 Construction of Improvements 3.8.6 Construction Review 3_g_~ Inspection Procedures/Stopping Work 3_g_g Building and Occupancy Permit Section 3-8-1: Final Im rovement Plans Upon the approval of Preliminary Plat, the applicant shall have prepared by a licensed professional engineer, engineering drawings, for proposed required improvements containing the data and information specified in Chapter 8 of this Ordinance. Such drawings shall be certified by a licensed professional engineer and shall be submitted in triplicate to the Village Engineer at least thirty (30) days prior to the date that approval of the Final Plat is requested. Section 3-&2: Contents of En_gineering,_Drawing~ Engineering drawings for required improvements shall contain the following data and information: all specifications and standards shall be the Village standards and specifications contained herein. A. Plans, specifications, standards and calculations for structural, and geometric design for street construction, including centerline profile and a grade line for each street with a typical cross-section of the roadway. The profiles of grade lines shall be shown to a scale of one inch (1 ") equals fifty feet (50 ft.) horizontal, and one inch (1") equals five (S) feet vertical. This information shall be shown on standard plan and profile sheets. B. Plans, specifications, standards and calculations of proposed storm water drainage improvements, including 100 year water surface Page 35 elevation drawings, drainage area maps, tributary area maps, storm sewers and appurtenances and detention or retention basins. C. Plans, specifications and standards of proposed water distribution systems and proposed water supply facilities, if any. D. Plans, specifications and standards of sanitary sewer systems. F. Plans, specifications and standards of the proposed street lighting system. G. Plans, specifications, standards, and calculations for lift station. H. Plans, specifications, standards, and calculation for erosion control. I. Plans, specifications, standards and calculations for work within floodplain/floodway. When unusual site conditions exist, the Village Engineer may require such additional plans, specifications and standards and calculations as may be necessary for an adequate review of the improvements to be installed. Section 3-8-3: Review b Villa a En ineer The Village Engineer shall review all engineering drawings in order to determine whether such drawings are consistent with the approved Preliminary Plat and comply with this Ordinance. If such drawings are consistent and so comply, the Village Engineer shall forward the same to the Plan Commission with a natation that they so conform and comply. In the event that the drawings do not so conform or comply, the Village Engineer shall notify the applicant of the specific manner in which such drawings do not so conform ar comply, and he may then correct such drawings. If such drawings are not corrected, the Village Engineer shall forward the same to the Plan Commission with a notation as to the items of non-conformity or non-compliance. Section 3-8-4: A royal b Plan Commission The Plan Commission shall review and act upon the engineering drawings submitted to it at the time that it reviews and acts upon the Final Plat. Section 3-8-5: Construction of Improvements No improvements shall be constructed nor shall any work preliminary thereto be Page 36 done until such time as a Final Plat, and the engineering drawings accompanying it, shall have been approved by the President and Board of Trustees and there shall have been compliance with all the requirements relating to Section 3-7 and 3-8 herein. A11 contractors must register with the Building Division prior to permitting. Section 3-8-b: Construction Review All improvements constructed or erected shall be subject to review by the Village Engineer. The cost attributable to all reviews and inspections required by this Ordinance shall be charged to and paid by the applicant as required in Section 3-4- 4 of this Ordinance. The applicant may be required to post a deposit with the Village Clerk to cover the cost of such inspections before any are undertaken. Section 3-8-7: Ins ection Procedures/Stoppina Work Inspection procedures are listed for the various types of work in the standards and specifications. If, in the opinion of the Village Engineer, the work does not comply with such final drawings, the Village Engineer shall have the authority to order that all such proposed work shall be terminated until such time as necessary steps are taken to correct any defects or deficiencies. Section 3-8-8 BUILDING AND OCCUPANCY PERMIT A. Building Permits: No building permit shall be granted by any Village official for the use of any building, structure or land improvement within a subdivision until the following improvements have been installed and reviewed by the Village Engineer. 1. Sanitary sewer; including lift station. 2. Water main; 3. Storm sewer, including sump pump collector lines; 4. Storrnwater detention; 5. Base course; and 6. Curb and gutter. 7. Binder course Page 37 Erosion Control B. No occupancy permit shall be granted by any Village official for the use of any building or any dwelling unit contained therein, structure or land improvement within a subdivision until the irnprovernents as set forth in section 3-8-8-A have been installed and reviewed by the Village Engineer and the following have been installed and reviewed by the Village Engineer. 1. Street lights. 2. Street signs. 3. As-built drawings. Section 3-8-9: Acce tance of Im rovements Prior to the time of formal acceptance, all improvements shall be considered to be the responsibility of the applicant, and he shall be responsible for all insurance liability and maintenance expense. If the necessary maintenance, in the opinion of the Board of Trustees, is not being done by the applicant, the Board of Trustees shall have the authority to order such maintenance work done; and the developer shall be invoiced for such expenses. Any unpaid bills may be filed as a lien against the applicant's real estate. Page 38 CHAPTER 9 OTHER ORDINANCES SECTION: CONTENTS: 3-9-1 Ordinance 1369 - An Ordinance Regulating Development in Special Flood Hazard Areas 3-9-2 Ordinance 1748 -Soil Erosion and Sedimentation Control Ordinance 3-9-3 Ordinance 1749 - Stream and Wetland Protection Ordinance 3-9-4 Ordinance 1747 - Stormwater Drainage and Detention Ordinance Page 39 ORDINANCE NO. 1369 An Ordinance Regulating Development in Special Flood Hazard Areas. Be it ordained by the President and Board of Trustees of the Village of Plainfield, Illinois, as follows: Index Section 100.00 Section 100.0 Index 200.0 Purpose 300.0 Definitions 400.0 Haw to use this Ordinance 500.0 Duties of the Enforcement Official 600.0 Base Flood Elevations 700.0 Occupation and Use of Flood Fringe Areas 800.0 Occupation and Use of Identified Floodways 900.0 Occupation and Use of Special Flood Hazard Areas Where Floodways are Nat Identified 1000.0 Permitting Requirements Applicable to All Flood Plain Areas and Protection of Building 1100.0 Other Development Requirements 1200.0 Variances 1300.0 Disclaimer of Liability 1400.0 Penalty 1500.0 Abrogation and Greater Restrictions 1600.0 Separability 1700.0 Effective Date Section 200.0 Purpose This Ordinance is enacted pursuant to the police powers granted to this Village by Illinois Revised Statutes, Chapter 24, Sections 1-2-1, 11-12-12m, 11-30-8 and 11- 31-2. The purpose of this Ordinance is to maintain this Village's eligibility in the National Flood Insurance Program; to minimize potential losses due to periodic flooding including lass of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare; and to preserve and enhance the quality of surface waters, conserve economic and natural Page 40 values and provide for the wise utilization of water and related land resources. This Ordinance is adopted in order to accomplish the fallowing specific purposes: 200.1 To meet the requirements of Chapter 19, paragraph 6S(g) of the Illinois Revised Statutes, An Act in Relation to the Regulation of the Rivers, Lakes and Streams of the State of Illinois, "approved June 10, 1911, as amended. 200.2 To assure that new development does not increase the flood or drainage hazards to others, or creating unstable conditions susceptible to erosion; 200.3 To protect new buildings and major improvements to buildings from flood damage; 200.4 To protect new buildings and major improvements to buildings from flood damage; 200.5 To lessen the burden on the taxpayer for flood control projects, repairs to flood~lamaged public facilities and utilities, and flood rescue and relief operations; and 200.6 To make federally subsidized flood insurance available for property in the Village by fulfilling the requirements of the National Flood Insurance Program. 200.7 To comply with the rules and regulations of the National Flood Insurance Program codified as 44 CFR 59-79, as amended. 200.8 To protect, conserve, and promote the orderly development of land and water resources: 200.9 To preserve the natural hydrologic functions of watercourses and flood plains and to protect water quality and aquatic habitats; 200.10 Ta preserve the natural characteristics of stream corridors in order to moderate fload and storm water impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development. Section 300.0 Definitions For the purposes of this Ordinance, the following definitions are adopted: Page 41 300.1 ACT: An act in relation to the regulation of the rivers, lakes and streams of the State of Illinois," Ill. Rev. Stat. 1987, ch. 19, par. S2 et seq. 300.2 APPLICANT: Any person, firm, corporation or agency which submits an application. 300.3 APPROPRIATE USE: Only uses of the regulatory flaodway that are permissible and will be considered for permit issuance. The only uses that will be allowed are as specified in Section $02.0. 300.4 BASE FLOOD: The flood having aone-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 Section 600 of this ordinance. 300.5 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. 300.6 CHANNEL: Any river, stream, creek, brook, branch, natural or artificial depression, ponded area, flowage, slough, ditch, conduit, culvert, gully, ravine, wash, or natural ar man-made drainageway, which has a definite bed and banks or shoreline, in or into which surface or groundwater flows, either perennially or intermittently. 300.7 CHANNEL MODIFICATION: Alteration of a channel by changing the physical dimensions or materials of its bed or banks. Channel modification includes damming, rip-rapping (or other armoring), widening, deepening, straightening, relocating, lining and significant removal of bottom or woody vegetation. Channel modification does not include the clearing of dead or dying vegetation, debris, ar trash from the channel. Channelization is a severe form of channel modification involving a significant change in the channel cross-section and typically involving relocation of the existing channel (e.g. straightening). 300.8 COMPENSATORY STORAGE: An artificially excavated, hydraulically equivalent volume of storage within the SFHA used to balance the loss of natural flood storage capacity when artificial fill or structures are placed within the flood plain. The uncompensated loss of natural flood plain storage can increase off-site floodwater elevations and flows. Page 42 300.9 CONDITIONAL APPROVAL OF A REGULATOR FLOODWAY MAP CHANGE: Preconstruction approval by DWR and the Federal Emergency Management Agency of a proposed change to the floodway map. This preconstruction approval, pursuant to this Part, gives assurances to the property owner that once an Appropriate Use is constructed according to permitted plans, the floodway map can be changed, as previously agreed, upon review and acceptance of as-built plans. 300.10 CONDITIONAL LETTER OF MAP REVISION (CLOMR): A letter which indicates that the Federal Emergency Management Agency will revise base flood elevations, flood insurance rate zones, flood boundaries or floodway as shown on an effective Flood Hazard Boundary Map or Flood Insurance Rate Map, once the as-built plans are submitted and approved. 300.11 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. 300.12 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. 300.13 DEVELOPMENT: Any man-made change to real estate, including: (A) Construction, reconstruction, repair, or placement of a building or any addition to a building. (B) Installing a manufactured home on a site, preparing a site for a manufactured home, or installing a travel trailer on a site for more than 180 days. (C) Drilling, mining, installing utilities, construction of roads, bridges, or similaz projects. (D) Demolition of a structure ar redevelopment of a site. (E) Clearing of land as an adjunct of construction. (F) Construction or erection of levees, walls, fences, dams, or culverts; channel modification; filling, dredging, grading, excavating, paving, or other non-agricultural alterations of the ground surface; storage of materials; deposit of solid or liquid waste; Page 43 (G) Any other activity of man that might change the direction, height, or velocity of flood or surface water, including extensive vegetation removal; Development does not include maintenance of existing buildings and facilities such as re-roofing or resurfacing of roads when there is no increase in elevation, or gardening, plowing, and similar agricultural practices that do not involve filling, grading, or construction of levees. 300.14 DWR: Illinois Department of Transportation, Division of Water Resources. 300.15 ELEVATION CERTIFICATES: A form published by the Federal Emergency Management Agency that is used to certify the elevation to which a building has be elevated. 300.16 EROSION: The general process whereby soils are moved by flowing water or wave action 300.17 EXEMPT ORGANIZATIONS: Organizations which are exempt from this ordinance per the 111. Rev. Stat. including state, federal or local units of government. 300.18 FEMA: Federal Emergency Management Agency and its regulations at 44 CFR 59-79 effective as October 1, 1988. This incorporation does not include any latex editions or amendments. 300.19 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 or runoff of surface waters from any source. 300.2Q 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. 300.21 FLOOD FRINGE: That portion of the flood plain outside of the regulatory floodway. 300.22 FLOOD INSURANCE RATE MAPS (FIRM): A map prepared by the Federal Emergency Management Agency that depicts the special flood hazard area (SFHA) within a community. This map includes insurance rate zones and flood plains and may or may not depict floodways. Page 44 300.23 FLOOD PLAIN: That land typically adjacent to a body of water with ground surface elevations at or below the base flood or the 100-year frequency flood elevation. Flood plains may also include detached Special Flood Hazard Areas, ponding areas, etc. The flood plain is also known as the Special Flood Hazard Area (SERA). The flood plains are those lands within the jurisdiction of the Village of Plainfield that are subject to inundation by the base flood of 100-year frequency flood. The SFHA's of the Village of Plainfield are generally identified as such on the Flood Insurance Rate Map of the Village of Plainfield prepazed by the Federal Emergency Management Agency (or the U.S. Department of Housing and Urban Development) and Dated November 17 1981. The SFHA's of those parts of unincorporated Will County that aze within the extraterritorial jurisdiction of the Village or that may be annexed into the Village are generally identified as such an the Flood Insurance Rate Map prepared for Will County by the Federal Emergency Management Agency (or the U.S. Department of Housing and Urban Development) and dated April 15,..1982. 300.24 FLOODPROOFING: Any combination of structural and non-structural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. 300.25 ELOODPROOFING 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. 300.2b FLOOD PROTECTION ELEVATION (FPE): The elevation of the base flood or 100-year frequency flood plus two feet of freeboard at any given location in the SFHA. 300.27 FREEBOARD: An increment of elevation added to the base flood elevation to provide a factor of safety far uncertainties in calculations, unknown localized conditions, wave actions and unpredictable effects such as those caused by ice ar debris jams. 300.28 HYDROLOGIC AND HYDRAULIC CALCULATIONS: Engineering analysis which determine expected flood flows and flood elevations based on land characteristics and rainfall events. 300.29 LETTER OF MAP AMENDMENT (COMA): Official determination by FEMA that a specific structure is not in a 100-year flood zone: amends the effective Flood Hazard Boundary Map or FIRM. Page 45 300.30 LETTER OF MAP REVISION (LOMR): Letter that revises base flood or 100-year frequency flood elevations, flood insurance rate zones, flood boundaries or floodways as shown on an effective FHBM or FIRM. 300.31 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 includes park trailers, travel trailers and other similar vehicles placed on site for more that 1$0 consecutive days. 300.32 MANUFACTURED HOME PARK OR SUBDIVISION: A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. 300.33 MITIGATION: Mitigation includes those measures necessary to minimize the negative effects which flood plain development activities might have on the public health, safety and welfare. Examples of mitigation include compensatory storage, soil erasion and sedimentation control, and channel restoration. 300.34 NGVD: National Geodetic Vertical Datum of 1929. Reference surface set by the National geodetic Survey deduced from a continental adjustment of all existing adjustments in 1929. 300.35 NATURAL: When used in reference to channels means those channels formed by the existing surface topography of the earth prior to changes made by man. A natural stream tends to follow a meandering path; its flood plain is not constrained by levees; the area near the bank has not been cleared, mowed or cultivate; the stream flows over soil and geologic materials typical of the area with na substantial alteration of the course ar crass-section of the stream caused by filling or excavating. A modified channel may regain some natural characteristics over time as the channel meanders and vegetation is re-established. Similarly, a modified channel may be restored to more natural conditions by man through re-grading and re-vegetation. 300.36 ORDINARY HIGH WATER MARK (OHWM): The point on the bank or share up to which the presence and action of surface water is so continuous so as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation or other easily recognized characteristics. 300.37 PUBLIC FLOOD CONTROL PROJECT: A flood control project which Page 46 will be operated and maintained by a public agency to reduce flood damages to existing buildings and structures which 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 cantrol project by persons or parties who are not public agencies. 300.3$ PUBLICLY NAVIGABLE WATERS: All streams and lakes capable of being navigated by watercraft. 300.39 REGISTERED LAND SURVEYOR: A land surveyor registered in the State of Illinois, under the Illinois Land Surveyors Act (Ill. Rev. Stat. 1987, ch. 111, pars. 3201-3234). 300.40 REGISTERED PROFESSIONAL ENGINEER: An engineer registered in the State of Illinois, under the Illinois Professional Engineering Act (Ill. Rev. Stat. 1987, ch. 111, pars. 5101-5137). 300.41 REGULATORY FLOODWAY: The channel, including on-stream lakes, and that portion of the flood plain adjacent to a stream or watercourse as designated by DWR, 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 regulatory floodways are designated for the DuPa a River Lil Cache Creek S rip ole creek East Norman Drain and West Norman Drain, on the Flood Boundary and Floodway Map prepared by FEMA (or Department of Housing and Urban Development) and dated May 17, 1982. The regulatory floodways for these parts of unincorporated Will County that are within the extraterritorial jurisdiction of the Village that may be annexed into the Village are designated for the DuPa e River Lil Cache Creek S rip old Creek East Norman Drain and West Norman Drain on the Flood Boundary and Floodway map prepared by FEMA (or Department of Housing and Urban Development) and dated April 51, 1982. To locate the regulatory floodway boundary on any site, the regulatory floodway boundary should be scaled off the regulatory floodway boundary should be scaled off the regulatory floodway map and located on a site plan, using reference marks cornrnon to both maps. Where interpretation is needed to determine the exact location of the regulatory floodway boundary, the Division should be contacted for the interpretation. 300.42 REPAIR, REMODELING OR MAINTENANCE: Development activities which do not result in any increases in the outside dimension of a building or any changes to the dimensions of a structure. Page 47 300.43 RETENTION/DETENTION FACILITY: A retention facility stares stormwater runoff without a gravity release. A detention facility provides for storage of starmwater runoff and controlled release of this runoff during and after a flood or storm. 300.44 RIVERINE SFHA: Any SFHA subject to floading from a river, creek, intermittent stream, ditch, on stream lake system or any other identified channel. This term does not include areas subject to flooding from lakes, ponding areas, areas of sheet flow, or other areas not subject to overbank flooding. 300.45 RUNOFF: The water derived from melting snow or rain falling on the land surface, flowing over the surface of the ground ar collected in channels or conduits. 300.46 SEDIMENTATION: The processes that deposit soils, debris, and other materials either an other ground surfaces or in bodies of water or watercourses. 300.47 SPECIAL FLOOD HAZARD AREA (SFHA): Any base flood area subject to flooding from a river, creek, intermittent stream, ditch, or any other identified channel or ponding and shown on a Flood Hazard boundary Map ar Flood Insurance Rate Map as Zone A, A0, Al-30 AE, A99, AH, V0, V30, VE, V, M, or E. 300.4$ STRUCTURE: The results of a man-made change to the land constructed on or below the ground, including the construction, reconstruction or placement of a building or any addition to a building; installing a manufactured home on a site; preparing a site for a manufactured home or installing a travel trailer on a site for more than 180 days. 300.49 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 improvement or 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 Page 4$ structure listed on the National Register of Historic Places or a State Inventory of Historic Places. 300.50 TRANSITION SECTION: Reaches of the stream or floodway where water flows from a narrow cross-section to a wide cross-section or vice versa. Section 400.0 How to Use This Ordinance The Village Administrator shall be responsible for fulfilling all of the duties listed in Section 500.0. To fulfill those duties, the Village Administrator first should use the criteria listed in Section 600.0, base Flood Elevations, to determine whether the development site is located within a flood plain. Once it has been determined that a site is located within a flood plain, the village Administrator must determine whether the development site is with in a flood fringe, a regulatory floodway, or within a SFHA or flood plain on which no floodway has been identified. If the site is within a flood fringe, the village Administrator shall require that the minimum requirements of Section 799.0 be met. If the site is within a floodway, the Village Administrator shall require that the minimum requirements of Section 800.0 be met. If the site is located within a SFHA or flood plain for which no detailed study has been completed and approved, the village Administratar shall require that the minimum requirements of Section 900.0 be met. In addition, the general requirements of Section 10000.0 shall be met for all developments meeting the requirements of Section 700.0, 800.0, or 900.0. The Village Administrator shall assure that all subdivision proposals shall meet the requirements of Section 1100.0. If a variance is to be granted for a proposal, the Village Administrator shall review the requirements of Section 1200.0 to make sure they are met. In addition, the Village Administrator shall complete all notification requirements. In order to assure that property owners obtain permits as required in this Ordinance, the Village Administrator may take any and all actions as outlined in Section 1400.0 Section 500.0 Duties of the Enforcement Official(s) The Village Administrator shall be responsible for the general administration and enforcement of this Ordinance which shall include the following: 501.0 Determining the Flood Plain Designation. Check all new development sites to determine whether they are in a Special Flood Hazard Area Page 49 (SERA). If they are in a SFHA, determine whether they are in a floodway, flood fringe or in a flood plain an which a detailed study has not been conducted which drains more than one (1) square mile. 502.0 Professional Engineer Review. If the development site is within a floodway or in a flood plain on which a detailed study has not been conducted which drains more than (1) square mile then the permit shall be referred to a registered professional engineer (P.E.) Under the emplay or contract of the Village far review to ensure that the development meets the requirements of Section 800.0. In the case of an Appropriate Use, the P.E. shall state in writing that the development meets the requirements of Section $00.0. 503.0 Dam Safety Requirements. Ensure that a DWR Dam Safety permit has been issued or a letter indicating no Dam Safety permit is required. If the proposed development activity includes construction of a dam as defined in Section 300.12. Regulated dams may include weirs, restrictive culverts or impoundment structures. 504.0 Other permit Requirements. Ensure that any and all required federal, state and local permits are received prior to the issuance of a flood plain development permit. 505.0 Plan Review and Permit Issuance. Ensure that all development activities within the SFHAs of the jurisdiction of the Village meet the requirements of this Ordinance and issue a flood plain development permit in accordance with the provisions of this Ordinance and other regulations of this community when the development meets the conditions of this Ordinance. 506.0 Inspection Review. Inspect all development projects before, during and after construction to assure proper elevation of the structure and to ensure they comply with the provisions of this Ordinance; 507.0 Elevation and F'loodproofing Certificates. Maintain in the permit files an Elevation Certificate certifying the elevation ofthe lowest floor (including basement) ar a residential or non-residential building or the elevation to which a nan-residential building has been floodproofed, using a Floodproofing Certificate, for all buildings subject to section 1000.0 of this Ordinance fox public inspection and provide copies of same; 508.0 Records for Public Inspection. Maintain for public inspection and furnish upon request base flood data, SFHA and regulatory floodway maps, copies of federal or state permit documents, variance documentation, Conditional Page 50 Letter of Map Revision, Letter of Map Revision, Letter of Map Amendment and "as built" elevation and floodproofing or elevation and floodproofing certificates for all buildings constructed subject to this Ordinance. 509.0 State Permits. Ensure that construction authorization has been granted by the Illinois Division of Water Resources, for all development projects subject to Sections 800.0 and 900.0 of this Ordinance, unless enforcement responsibility has been delegated to the Village Administrator. Upon acceptance of this Ordinance by DWR and FEMA, responsibility is hereby delegated to the Village Administrator as per 92 Ill. Adm. Code 708 for construction in the regulatory floodway and flood plain when floodways have not been defined in Sections $00.0 and 900.0 of this Ordinance. However, the following review approvals are not delegated to the Village Administrator and shall require review or permits from DWR: a. Organizations which are exempt from this Ordinance, as per the Illinois Revised Statutes; b. Department of Transportation projects, dams or impoundment structures as defined in Section 300.12 and all other state, federal or local unit of government projects, including projects of the Village and County, except for those projects meeting the requirements of Sec. 802.5; c. An engineer's determination that an existing bridge or culvert crossing is not a source of flood damage and the analysis indicating the proposed flood profile, per Section 802.1(e); d. An engineer's analysis of the flood profile to Section 802.1(d); e. Alternative transition sections and hydraulically equivalent compensatory storage as indicated in section $02.1(a, b, and h); f. Permit issuance of structures within or over publicly navigable rivers, lakes and streams; g. Any changes in the base Flood Elevation or floodway locations; and, h. Base Flood Elevation determinations where none now exist. 510.0 Cooperation with other agencies. Cooperate with state and federal flood plain management agencies to improve base flood or 100-year frequency Page 51 flood and floodway data and to improve the administration of this Ordinance. Submit data to DWR and the Federal Emergency Management Agency for proposed revisions of a regulatory map. Submit reports as required for the National Flood Insurance Program. Notify the Federal Emergency Management Agency of any proposed amendments to this Ordinance. 511.0 Promulgate Regulations. Promulgate rules and regulations as necessary to administer and enforce the provisions of this Ordinance, subject however to the review and approval of DWR and FEMA for any Ordinance changes. Section 600.0 Base Flood Elevation This Ordinance's protection standard is based on the Flood Insurance Study for the Village. If a base flood elevation or 100-year frequency flood elevation is not available for a particular site, then the protection standard shall be according to the best existing data available in the Illinois State Water Survey's Flood Plain Information Repository. When a parry disagrees with the best available data, he/she may finance the detailed engineering study needed to replace existing data with better data and submit it to DWR and FEMA. 601.0 The base flood or 100-year frequency flood elevation for the SFHAs of DuPage River and Lil Cache Creek S rin ole Creek East Norman Drain and West Norman Drain shall be as delineated on the 100-year flood profiles in the Flood Insurance Study of the Village prepared by FEMA (or the Department of Housing and Urban Development) and dated Ma~17,, 1982, and such amendments to such study and maps as may be prepared from time to time. 602.0 The base flood or 100-year frequency flood elevation for the SFHAs of those parts of unincorporated Will County that are within the extraterritorial jurisdiction of the Village or that may be annexed into the Village shall be as delineated on the 100-year flood profiles in the Flood Insurance Study of Will County prepared by FEMA (or the Department of Housing and Urban Development) and dated October 15 1981, and such amendments or revisions to such study and maps as may be prepared from time to time. 603.0 The base flood or 100-year frequency flood elevation for each SFHA delineated as an "AH Zone" or "AO Zone" shall be that elevation (or depth) delineated on the Flood Insurance Rate Map of the Village. 604.0 The base flood or 100-year frequency flood elevation each of the Page 52 remaining SFHAs delineated as an "A Zone" on the Flood Insurance Rate Map of the Village shall be according to the best existing data available in the Illinois State Water Survey Flood Plain Information Repository. When no base flood or 100-year frequency flood elevation for a riverine SFHA shall be determined from a backwater model, such as HEC-II, WSP-2, or a dynamic model such as HIP. The flood flows used in the hydraulic models shall be obtained from a hydrologic model, such as HEC-I, TR-20, or HIP, or by techniques presented in various publications prepared by the United States Geological Survey for estimating peak flood dischazges. Flood flows should be based on anticipated future land use conditions in the watershed as determined from adopted local and regional land us plans. Along any watercourses draining more than one (1) square mile, the above analyses shall be submitted to DWR for approval, once approved it must be submitted to the Illinois State Water Survey Floodplain Information Repository for filing. For anon-riverine SFHA, the Base Flood Elevation shall be the historic Flood of Record plus three feet, unless calculated by a detailed engineering study and approved by the Illinois State Water Survey. Section 700.0 Development in and/or filling of the flood fringe may be permitted if protection is provided against the base flood or 100-year frequency flood by proper elevation, and compensatory storage and other provisions of this Ordinance are met. No use will be permitted which adversely affects the capacity of drainage facilities or systems. Developments located within the flood fringe shall meet the requirements of this section, along with the requirements of Section 1000.0. 701.0 Development Permit. No person, firm, corporation, or governmental body not exempted by state law shall commence any development in the SFHA without first obtaining a development permit from the Village. 701.1 Application for a development permit shall be made on a form:provided by the Village. The application shall be accompanied by drawings of the site, drawn to scale, showing property line dimensions and legal description for the property and sealed by a licensed engineer, architect or land surveyor; existing grade elevations in M.S.L., 1929 adj. datum or N.G.V.D. and all changes in grade resulting from excavation or filling; the location and dimensions of all buildings and additions to buildings. For all proposed buildings, the elevation of the lowest floor (including basement) and lowest adjacent grade shall be shown on the submitted plans and the development will be subject to the requirements of Section 1000.0 of this Ordinance. Page 53 701.2 Upon receipt of a development permit application, the Village Administrator shall compare the elevation of the site to the base flood. or 100-year frequency flood elevation. Any development located on land that can be shown to have been higher than the base flood elevation as of the sites fast Flood Insurance Rate Map identification is not in the SFHA and, therefore, not subject to the requirements of this Ordinance. The Building Official shall maintain documentation of the existing ground elevation at the development site and certification that this ground elevation existed prior to the date of the site's first Flood Insurance Rate Map identification. 701.3 A soil erosion and sedimentation control plan for disturbed areas shall be submitted. This plan shall include a description of the sequence of grading activities and the temporary sediment and erosion control measures to be implemented to mitigate their effects. This plan shall also include a description of final stabilization and re-vegetation measures, and the identification of a responsible party to ensure post-construction maintenance. 701.4 The Village Administrator shall be responsible far obtaining from the application, copies of all other local, state and federal permits, approvals or permit-not-required letters that may be require far this type of activity. The Village Administrator shall not issue a permit unless all other local, state and federal permits have been obtained. 702.0 Preventing Increased Damages. No development in the flood fringe shall create a threat to public health and safety. 702.1 If fill is being used to elevate the site above the base flood or 100-year frequency flood elevation, the applicant shall submit sufficient data and obtain a letter of map revision (LOMR) from FEMA for the purpose of removing the site from the flood plain. 702.2 Compensatory Storage. Whenever any portion of a flood plain is authorized for use, the volume of space which will be occupied by the authorized fill or structure below the base flood or 100-year frequency flood elevation shall be compensated for and balanced by a hydraulically equivalent volume of excavation taken from below the base flood or 100- year frequency flood elevation. The excavation volume shall be at least equal to 1.5 times the volume of storage lost due to the fill or structure. In the case of streams and watercourses, such excavation shall be made opposite or adjacent to the areas sa filled or occupied. All flood plain storage last below the existing 10-year flood elevation shall be replaced below the proposed 10-year flood elevation. All flood plain storage lost above the existing 10-year flood elevation shall be replaced above the Page 54 proposed 10-year flood elevation. All such excavations shall be constructed to drain freely and openly to the watercourse. Section 800.0 Occupation and Use of Identified Floodways This section applies to proposed development, redevelopment, site modification or building modification within a regulatory floodway. The regulatory floodway for the DuPa a River Lil Cache Creek S rin ole Creek East Norman Drain and West Norman Drain shall be as delineated on the regulatory floodway maps designated by DWR according and reference in Section 300.41. Only those uses and structures will be permitted which meet the criteria in this section. All floodway modifications shall be the minimum necessary to accomplish the purpose of the project. The development shall also meet the requirements of Section 1000. 801.0 Development Permit. No person, firm, corporation or governmental body not exempted by state law shall commence any development in a floodway without first obtaining a development permit from the Village. 801.1 Application for a development permit shall be made on a farm provided by the village. The application shall include the following information: a. Name and address of applicant; b. Site location (including legal description) of the property, drawn to scale, on the regulatory floodway map, indicating whether it is proposed to be in an incorporated or unincorporated area; c. Name of stream or body of water affected; d. Description of proposed activity; e. Statement of purpose of proposed activity; f. Anticipated dates of initiation and completion of activity; g. Name and mailing address of the owner of the subject property if different from the applicant; h. Signature of applicant or the applicant's agent; i. If the applicant is a corporation, the president or other authorized officer shall sign the application form; Page 55 j. If the applicant is a partnership, each partner shall sign the application form; and k. If the applicant is a land trust, the trust officer shall sign the name of the trustee by him (her) as trust officer. A disclosure affidavit shall be filed with the application, identifying each beneficiary of the trust by name and address and defining the respective interests therein. 1. Plans of the proposed activity shall be provided which include as a minimum: (i) A vicinity map showing the site of the activity, name of the waterway, boundary lines, names of roads in the vicinity of the site, graphic or numerical scale, and north arrow; (ii) A plan view of the project and engineering study reach showing existing and proposed conditions including principal dimensions of the structure or work, elevations in mean sea level (1929 adjustment) datum or N.G.V.D., adjacent property lines and ownership, drainage and flood control easements, location of any channels and any existing or futwre access roads, distance between proposed activity and navigation channel (when the proposed construction is near a commercially navigable body of water), regulatory floodway limit, flood plain limit, specifications and dimensions of any proposed channel modifications, location and orientation of cross-sections, north arrow, and a graphic or numerical scale. (iii) Cross-section views of the project and engineering study 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); (iv) A soil erosion and sedimentation control plan for disturbed areas. This plan shall include a description of the sequence of grading activities and the temporary sediment and erosion control measures to be implemented to mitigate their effects. This plan shall also include a description of final stabilization and re-vegetation Page 56 measures, and the identification of a responsible party to ensure post-construction maintenance. (v) A copy of the regulatory floodway map, marked to reflect any proposed change in the regulatory floodway location. m. Any and all other local, state and federal permits or approval letters that may be required for this type of development. n. Engineering calculations and supporting data shall be submitted showing that the proposed work will meet the permit criteria of Section 802.0. o. If the regulatory floodway delineation, base flood or 100-year frequency flood elevation will change due to the proposed project, the application will not be considered complete until DWR has indicated conditional approval of the regulatory floodway map change. No structures maybe built until a Letter of Map Revision has been approved by FEMA. p. The application for a structure shall be accompanied by drawings of the site, drawn to scale showing property line dimensions and existing ground elevations and all changes in grade resulting from any proposed excavation or filling, and flood plain and floodway limits; sealed by a registered professional engineer, licensed architect ar registered land surveyor; the location and dimensions 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 Section 1000.0 of this Ordinance. q. If the proposed project involves a channel modification, the applicant shall submit following information: (i) A discussion of the purpose of and need for the proposed work; (ii) A discussion of the feasibility of using alternative locations ar methods to accomplish the purpose of the proposed work; (iii) An analysis of the extent and permanence of the impacts the project would have on the physical and biological conditions of the body of water affected; Page 57 (iv) An analysis of the extent and permanence of the impacts each feasible alternative identified in 802.1 (d)(i) of this Sectian would have on the physical and biological conditions of the body of water affected; and (v) An analysis of the impacts of the proposed project, considering cumulative effects on the physical and biological conditions of the body of water affected. 801.2 The Village Administrator shall be responsible for obtaining from the applicant copies of all other local, state, and federal permits and approvals that may be required for this type of activity. The Village Administrator shall not issue the development permit unless all required federal and state permits have been obtained. A Registered Professional Engineer, under the employ or contract of the Village shall review and approve applications reviewed under this Section. 802.0 Preventing Increased Damages and a List of Appropriate Uses. The only development in a floodway which will be allowed are Appropriate Uses, which will not cause a rise in the base flood elevation, and which will not create a damaging or potentially damaging increase in flood heights or velocity or be a threat to public health and safety and welfare or impair the natural hydrologic and hydraulic functions of the floodway ar channel, or permanently impair existing water quality or aquatic habitat. Construction impacts shall be minimi8zed by appropriate mitigation methods as called far in this Ordinance. Only those Appropriate Uses listed in 92 Ill. Adm. Code 708 will be allowed. Appropriate uses do not include the construction or placement of any new structures, fill, building additions, buildings on stilts, excavation or channel modifications done to accommodate otherwise non-appropriate uses in the floodway, fencing (including landscaping ar planting designed to act as a fence) and storage of materials except as specifically defined above as an Appropriate Use. The approved Appropriate Uses are as follows: a. Flood control structures, dikes, dams and other public works or private improvements relating to the control of drainage, flooding, erosion, or water quality or habitat for fish and wildlife. b. Structures or facilities relating to the use of, or requiring access to, the water or shoreline, such as pumping and treatment facilities, and facilities and improvements related to recreational boating, commercial shipping and other functionally water depended uses; c. Storm and sanitary sewer autfalls; Fage 58 d. Underground and overhead utilities; e. 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; f. Detached garages, storage sheds, or other non-habitable accessory structures without toilet facilities to existing buildings that will not block flood flows, nor reduce floodway storage; g. Bridges, culverts, roadways, sidewalks, railways, runways and taxiways and any modification thereto; h. Parking lots and any modifications thereto (where depth of flooding at the 100-year frequency flood event will not exceed 1.0') and aircraft parking aprons built at or below ground elevation; i. Regulatory floodway re-grading, without fill, to create a positive non-erosive slope toward a watercourse. j. Flood proofing activities to protect previously existing lawful structures including the construction of water tight window wells, elevating structures, or construction of floodwalls around residential, commercial or industrial principal structures where the outside toe of the flaodwall shall be no more than ten (10) feet away from the exterior wall of the existing structure, and, which are not considered substantial improvements to the structure. k. In the case of damaged or replacement buildings, reconstruction or repairs made to a building that are valued at less than 50% of the market value of the building before it was damaged or replaced, and which do not increase the outside dimensions of the building. 1. Additions to existing buildings above the BFE that do not increase the building's foot print and are valued at less than 50% of the market value of the building. 802.1 Within the regulatory floodway as identified on the regulatory floodway maps designate by DWR, the construction of an Appropriate Use, will be considered permissible provided that the proposed project meets the following engineering and mitigation criteria and is so stated in writing Page 59 with supporting plans, calculations and data by a registered professional engineer and provided that nay structure meets the protection requirements of Section 1000.0 of this Ordinance: a. Preservation of Flood Conveyance, so as Not to Increase Flood Stages Upstream. For appropriate uses other than bridge or culvert crossings, on-stream structures or dams, all effective regulatory floodway conveyance lost due to the project will be replaced for all flood events up to and including the 100-year frequency flood. In calculation effective regulatory floodway conveyance, the following factors shall be taken into consideration: (i) Regulatory floodway conveyance, `K' = 1.486/n AR 2/3 Where "n" is Manning's roughness factor, "A" is the effective area of the cross-section, and "R" is the ratio of the area to the wetted perimeter. (See Open Channel Hydraulics, Ven Te Chow, 1959, McGraw-Hill Book Company, New York) (ii) 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 assure the proposed conditions will be maintained or the land cover is changing from a vegetative to anon-vegetative land cover. (iii) Transition sections shall be provided and used in calculations of effective regulatory floodway conveyance. The following expansion and contraction ratios shall be used unless and applicant's engineer an prove to DWR through engineering calculations or model tests that more abrupt transitions may be used with the same efficiency: (a) When water is flowing from a narrow section to a wider section, the water should be assumed to expand no faster than at a rate of one foot horizontal for every four feet of the flooded stream's length. (b) When water is flawing from a wide section to a narrow section, the water should be assumed to contract no faster than at a rate of one foot horizontal for every one foot of the flooded Page 60 stream's length. (c) When expanding or contracting flows in a vertical direction, a minimum of one foot vertical transition for every ten feet of stream length shall be used. (d) Transition sections shall be provided between cross-sections with rapid expansions and contractions wand when meeting the regulatory floodway delineation an adjacent properties. (e) All cross-sections used in the calculations shall be located perpendicular to the flood flaws. b. Preservation of Floodway Storage so as not to Increase Downstream Flooding. Compensatory storage shall be provided for any regulatory floodway storage lost due to the proposed work from the volume of fill or structures placed and the impact of any related flood control projects. Compensatory storage for fill or structures shall be equal to at least 1.5 times the volume of flood plain storage last. Artificially created storage lost due to a reduction in head loss behind a bridge shall not be required to be replaced. The compensatory regulatory floadway storage shall be placed between the proposed normal water elevation and the proposed 100-year flood elevation. All regulatory floadway storage lost below the existing 10-year flood elevation shall be replaced below the proposed 10-year flood elevation. All regulatory floodway storage lost above the existing 10-year flood elevation shall be replaced above the proposed 10-year flood elevation. Al such excavations shall be constructed to drain freely and openly to the watercourse. If the compensatory storage will not be placed at the location of the proposed construction, the applicant's engineer shall demonstrate to DWR through a determination of flood discharges and water surface elevations that the compensatory storage is hydraulically equivalent. c. Preservation of Floodway Velocities so as Not to Increase Stream Erosion of Flood Heights. For all Appropriate Uses, except bridges or culverts ar an stream structures, the proposed work will not result in an increase in the average channel or regulatory floodway velocities. However in the case of bridges or culverts ar 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, erasion and sedimentation Page 61 will be avoided by the use of rip-rap or other design measures. d. Construction of New Bridges or Culvert Crossings and Roadway Approaches. The proposed structure shall not result in an increase of upstream flood stages greater than 0.1 foot when compared to the existing conditions for all flood events up to and including the 100-year frequency event' or the upstream flood stage increases will be contained within the channel banks (or within existing vertical extensions of the channel banks) such as within the design protection grade of existing levees or flood walls or within recorded flood easements. if the proposed construction will increase upstream flood stages greater than 0.1 feet, the developer must contact DWR, Dam Safety Section for a Dam Safety permit or waiver. (i) The engineering analysis of upstream flood stages must be calculated using the flood study flows, and corresponding flood elevations for tailwater conditions for the flood study specified in Section 400.0 of this Ordinance. Culverts must be analyzed using the U.S. DOT, FHWA Hydraulic Chart for the Selection of Highway Culverts. Bridges must be analyzed using the U.S. DOT/Federal Highway Administration Hydraulics of Bridge Waterways calculation procedures. (ii) Lost floodway storage must be compensated for per Section 802.1(b). (iii) Velocity increases must be mitigated per Section 802.1(c). (iv) If the crossing is proposed over a public water that is used for recreational or commercial navigation, a Department of Transportation permit must be received. (v) The hydraulic analysis for the backwater caused by the bridge shaving the existing condition and proposed regulatory profile must be submitted to DWR for concurrence that a CLOMR is not required by Section 802.0. (vi) All excavations for the construction of the crossing shall be designated per Section 802.1(h). Page 62 e. Reconstruction or Modification of Existing Bridges, Culverts, and Approach Roads. (i) The bridge or culvert and roadway approach reconstruction or modification shall be constructed with no more than 0.1 foot increase in backwater over the existing flood profile for all flood frequencies up to and including the 100-year event, if the existing structure is not a source of flood damage. (ii) If the existing bridge or culvert and roadway approach is a source of flood damage to buildings or structures in the upstream flood plain, the applicant's engineer shall evaluate the feasibility of redesigning the structure to reduce the existing backwater, taking into consideration the effects of flood stages on upstream and downstream properties. (iii) The determination as to whether or not the existing crossing is a source of flood damage and should be redesigned must be prepared in accordance with the Department of Transportation Rules 92 Ill. Adm. Cade 708 (floodway Construction in Northeastern Illinois) and submitted to the Division far review and concurrence before a permit is issued. £ On-stream Structures Built for the Purpose of Backing Up Water. Any increase in upstream flood stages greater than 0.0 foot when compared to the existing conditions, for all flood events up to and including the 200-year frequency event shall be contained within the channel banks (ar within existing vertical extensions of the channel banks) such as within the design protection grade of existing levees or flood walls or within recorded flood easements. A permit or letter indicating a permit is not required must be obtained from 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. All dams and impoundment structures as defined in Section 300.12 shall meet the permitting requirements of 92 Ill. Adm. Code 702 (construction and Maintenance of Dams). If the proposed activity involves a modification of the channel or floodway to accommodate an impoundment, it shall be demonstrated that: (i) The impoundment is determined to be in the public interest Page 63 by providing flood control, public recreation, or regional stormwater detention; (ii) The impoundment will not prevent the migration of indigenous fish species, which require access to upstream areas as part of their life cycle, such as for spawning; (iii) The impoundment will not cause or contribute to degraded water quality or habitat conditions. Impoundment design should include gradual bank slopes, appropriate bank stabilization measures, and apre-sedimentation basin. (iv) Anon-point source control plan has been implemented in the upstream watershed to control the effects of sediment runoff as well as minimize the input of nutrients, oil and grease, metals and other pollutants. If there is more than one municipality in the upstream watershed, the municipality in which the impoundment is constructed should coordinate with upstream municipalities to ensure comprehensive watershed control; (v) The project otherwise complies with the requirements of Section 800. g. Flaod Proofing of Existing Habitable, Residential and Commercial structures. If construction is required beyond the outside dimensions of the existing building, the outside perimeter of the floodproofing 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 floodproofing activities. h. Excavation in the Floodway. When excavation is proposed in the design of bridges and culvert openings, including the modifications to and replacement of existing bridge and culvert structures, or to compensate for lost conveyance for other Appropriate Uses, transition sections shall be provided for the excavation . The following expansion and contraction ratios shall be used unless an applicant engineer can prove to DWR through engineering calculations or model tests that more abrupt transitions may be used with the same efficiency: (i) When water is flowing from a narrow section to a wider section, the water should be assumed to expand no faster than at a rate of one foot horizontal for every four feet of Page 64 the flooded stream's length; (ii) When water is flowing from a wide section to a narrow section, the water should be assumed to contract no faster than at a rate of one foot horizontal for every one foot of the flooded stream's length; and (iii) When expanding or contracting flows in a vertical direction, a minimum of one foot vertical transition for every ten feet of stream length shall be used. (iv) Erosion/scour protection shall be provided inland upstream and downstream of the transitions sections. i. If the proposed activity involves a channel modification, it shall be demonstrated that: (i) There are no practicable alternatives to the activity which would accomplish its purpose with less impact to the natural conditions of the body of water affected. Possible alternatives include levees, bank stabilization, flood proofing of existing structures, removal of structures from the flood plain, clearing the channel, high flow channel, or the establishment of a stream side buffer strip or green belt. Channel modification is acceptable if the purpose is to restore natural conditions and improve water quality and fish and wildlife habitat; (ii) Water quality, habitat, and other natural functions would be significantly improved by the modification and no significant habitat area may be destroyed, or the impacts are offset by the replacement of an equivalent degree of natural resource values; (iii) The activity has been planned and designed and will be constructed in a way which will minimize its adverse impacts on the natural conditions of the body of water affected, consistent with the following criteria: (a) The physical chazacteristics of the modified channel shall match as closely as possible those of the existing channel in length, cross-section, slope and sinuosity. If the existing channel has been previously modified, restoration of more natural Page 65 physical conditions should be incorporated into channel modification design, where practical. (b) Hydraulically effective transitions shall be provided at both the upstream and down stream ends of the project, designed such that they will prevent erosion. (c) One-sided construction of a channel shall be used when feasible. Removal of streamside (riparian) vegetation should be limited to one side of the channel, where possible to preserve the shading and stabilization effects of the vegetation. (d) Clearing of vegetation shall be limited to that which is essential for construction of the channel. (e) Channel banks shall be constructed with a side slope no steeper than 3:1 horizontal to vertical, wherever practicable. Natural vegetation and gradual side slopes are the preferred methods for bank stabilization. Where high velocities or sharp bends necessitate the use of alternative stabilization measures, natural rock or rip-rap are preferred materials. Artificial materials such as concrete, gabions, or construction rubble should be avoided unless there are no practicable alternatives. (~ All disturbed areas associated with the modification shall be seeded or otherwise stabilized as soon as possible upon completion of construction. Erosion blanket or an equivalent material shall be required to stabilize disturbed channel banks prior to establishment of the vegetative cover. (g) If the existing channel contains considerable bottom diversity such as deep pools, riffles, and other similar features, such features shall be provided in the new channel. Spawning and nesting areas and flow characteristics compatible with fish habitat shall also be established, where appropriate. Page 66 (h) A sediment basin shall be installed at the downstream end of the modification to reduce sedimentation and degradation of downstream water quality. (i) New or relocated channels should be built in the dry and all items of construction, including vegetation, should be completed prior to diversion of water into the new channel. (j) There shall be no increases in stage or velocity as the channel enters or leaves the project site for any frequency flood unless necessitated by a public flood control project or unless such an increase is justified as part of a habitat improvement or erosion control project. (k) Unless the modification is for a public flood control project, there shall be no reduction in the volume of floodwater storage outside the floodway as a result of the modification; and (iv) The project otherwise complies with the requirements of Section 800. j. Seeding and Stabilization Plan. For all activities located in a floodway, a seeding and stabilization plan shall be submitted by the applicant. k. Soil Erosion and sedimentation Measures. For all activities in the floodway, including grading, filling, and excavation, in which there is potential for erosion of exposed soil, soil erosion and sedimentation control measures shall be employed consistent with the following criteria: (i) The construction area shall be minimized to preserve the maximum vegetation possible. Construction shall be scheduled to minimize the time soil is exposed and unprotected. In no case shall the existing natural vegetation be destroyed, removed, or disturbed more than l5 days prior to the initiation of improvements. (ii) Temporary and/or permanent soil stabilization shall be Page 67 applied to denuded azeas as soon as possible. As a minimum, soil stabilization shall be provided within 15 days after final grade is reached on any portion of the site, and within 15 days to denuded areas which may not be at final grade but will remain undisturbed for longer than 60 days. (iii) Sedimentation control measures shall be installed before any significant grading or filling is initiated on the site to prevent the movement of eroded sediments off site or into the channel. Potential sediment control devices include filter fences, straw bale fences, check dams, diversion ditches, and sediment basins. (iv) A vegetated buffer strip of at least 25 feet in width shall be preserved and/or re-established, where possible, along existing channels (See 802.1 (p)). Construction vehicle use of channels shall be minimized. Temporary stream crossings shall be constructed, wherever necessary, to minimize erosion. Necessary construction in or along channels shall be restabilized immediately. (v) Soil erosion and sedimentation control measures shall be designed and implemented consistent with "Procedures and Standazds for Urban Soil Erosion and Sedimentation Control in Illinois" (1988) also known as the "Green Book" and "Standards and Specifications for Soil Erosion and Sediment Control" (IEPA, 1987). Public Flood Control Projects. For public flood control projects, the permitting requirements of this section will be considered met if the applicant can demonstrate to DWR through hydraulic and hydrologic calculations 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 an including the 100-yeaz frequency event. m. General Criteria for Analysis of Flood Elevations. (i) The flood profiles, flows and floodway data in the regulatory floodway study, referenced in Section 600.0, must be used for analysis of the base conditions. If the study data appeazs to be in error or conditions have changed, DWR shall be contacted for approval and Page 68 concurrence on the appropriate base conditions data to use. (ii) If the 100-year regulatory floodway elevation at the site of the proposed construction is affected by backwater from a downstream receiving stream with a larger drainage area, the proposed construction shall be shown to meet the requirements of this section for the 100-year frequency flood elevations of the regulatory floodway conditions and conditions with the receiving stream at normal water elevations. (iii) If the applicant learns from DWR, local governments, or a private owner that a downstream 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 construction 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, culvert or flood control project is built. n. Conditional Letter of Map Revision. If the Appropriate Use would result in a change in the regulatory floodway location or the 100- year frequency flood elevation, the applicant shall submit to DWR and to FEMA all the information, calculations and documents necessary to be issued a conditional regulatory floodway map revision and receive from DWR a conditional approval of the regulatory floodway change before a permit is issued. However, the final regulatory floodway map will not be changed by DWR until as-built plans or record drawings are submitted and accepted by FEMA and DWR. In the case ofnon-government projects, the municipality in incorporated areas and the county in unincorporated areas shall concur with the proposed conditional regulatory floodway map revision before DWR approval can be given. No filling, grading, dredging or excavating shall take place until a conditional approval is issued. No further development activities shall take place until a final Letter of Map Revision (LOMR) is issued by FEMA and DWR. o. Professional Engineer's Supervision. All engineering analyses shall be performed by or under the supervision of a registered professional engineer. Page 69 p. For all activities in the floodway involving construction within 2S feet of the channel, the following criteria shall be met: (i) A natural vegetation buffer strip shall be preserved within at least 25 feet of the ordinary high water mark of the channel. (ii) Where it is impossible to protect this buffer strip during the construction of an Appropriate Use, a vegetated buffer strip shall be established upon completion of construction. (iii) The use of native riparian vegetation is preferred in the buffer strip. Access through this buffer strip shall be provided, when necessary, for stream maintenance purposes. After receipt of conditional approval of the regulatory floodway change and issuance of a permit and a Conditional Letter of Map Revision, construction as necessary to change the regulatory floodway designation may proceed but no buildings or structures or other construction that is not an Appropriate Use may be placed in that area until the regulatory floodway map is changed and a final Letter of Map Revision is received. The regulatory floodway map will be revised upon acceptance and concurrence by DWR and FEMA of the "as built" plans. 802.2 State Review. For those projects listed below located in a regulatory floodway, the following criteria shall be submitted to DWR for their review and concurrence prior to the issuance of a permit: a. DWR will review an engineer's analysis of the flood profile due to a proposed bridge pursuant to Section 802.1(d). b. DWR will review an engineer's determination that an existing bridge or culvert crossing is not a source of flood damage and the analysis indicating the proposed flood profile, pursuant to Section $02.1(e). c. The DWR will review alternative transition sections and hydraulically equivalent storage pursuant to Section 802.1 (a, b and h). d. The DWR will review and approve prior to the start of constructian any Department projects, dams (as defined in Section 300.12) and all other state, federal or local units of government projects, including projects of the municipality or country. Page 70 802.3 Other Permits. In addition to the other requirements of this Ordinance, a development permit for a site located in a floodway shall not be issued unless the applicant first obtains a permit or written documentation that a permit is not required from DWR, issued pursuant to Illinois Revised Statutes, Chapter 19, Section 52 et seq. No permit from DWR shall be required if the Division has delegated this responsibility to the Village Administrator. 802.4 Dam Safety Permits. Any work involving the construction, modification or removal of a dam as defined in Section 300.12 per 92 Ill. Adm. Code 702 (Rules for Construction of Dams) shall obtain an Illinois Division of Water Resources Dam safety permit prior to the start of construction of a dam. If the Village Administrator finds a dam that does not have a DWR permit, the Village Administrator shall immediately notify the Dam Safety Section of the Division of Water Resources. If the Village Administrator finds a dam which is believed to be in unsafe condition, the Village Administrator shall immediately notify the owner of the dam, DWR, Dam Safety Section in Springfield and the Illinois Emergency Services and Disaster Agency (ESDA). 802.5 Activities That Do Not Require a Registered Professional Engineer's Review. The following activities may be permitted without a registered professional engineers review. Such activities shall still meet the other requirements of this Ordinance, including the mitigation requirements. a. Underground and overhead utilities that: (i) Do not result in any increase in existing ground elevations, or (ii) Do not require the placement of above ground structures in the floodway, or (iii) In the case of underground stream crossings, the top of the pipe or encasement is buried a minimum of 3' below the existing stream bed, and (iv) In the case of overhead utilities, no supporting towers are placed in the watercourse and are designed in such a fashion as not to catch debris. b. Storm and sanitary sewer outfalls that: Page 71 (i) Do not extend riverwazd or lakewazd of the existing adjacent natural bank slope, and (ii) Do not result in an increase in ground elevation, and (iii) Are designed so as not to cause stream erosion at the outfall location. c. Construction of sidewalks, athletic fields excluding fences, properly anchored playground equipment and patios at grade. d. Construction of shoreline and streambank protection that: (i) Does not exceed 1000 feet in length. (ii) Materials are not placed higher than the existing top of bank. (iii) Materials are placed so as not to reduce the cross-sectional area of the stream channel or bank of the lake. e. Temporary stream crossing in which: (i) The approach roads will be 0.5' ('/Z foot) ar 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 file or outfall invert. (iii) The top of the roadway fill in the channel will be at least 2' below the tap of the lowest bank. Any fill in the channel shall be non-erosive material, such asrip-rap or gravel. (iv) All disturbed stream banks will be seeded or otherwise stabilized as saon as possible upon installation and again upon removal of construction. (v) The access road and temporary crossings will be removed within one year after authorization. Page 72 Section 900.0 Occupation and Use of SFHA Areas Where Floodways Are Not Identified. In SFHA or flood plains, where no floodways have been identified and no base flood or 100-year frequency flood elevations have been established by FEMA., and draining more than a square mile, no development shall be permitted unless the cumulative effect of the proposals, when combined with all other existing and anticipated uses and structures, shall no t significantly impede or increase the flow and passage of the floodwaters no significantly increase the base flood or 100-year frequency flood elevation. 901.1 Development Permit. No person, firm, corporation, ar governmental body, not exempted by state law, shall commence any development in a SFHA or flood plain without first obtaining a development permit from the Village. Application for a development permit shall be made an a form provided by the Village. The application shall be accompanied by drawings of the site, drawn to scale showing properly line dimensions; and existing grade elevations and all changes in grade resulting from excavation or filling, sealed by a licensed engineer, architect or surveyor; the location and dimensions of all buildings and additions to buildings; and the elevations of the lowest floor (including basement) of all proposed buildings subject to the requirements of Section 1000 of this Ordinance. The application far a development permit shall also include the following information: a. A detailed description of the proposed activity, its purpose, and intended use; b. Site location (including legal description) of the property, drawn to scale, on the regulatory floodway maps, indicating whether it is proposed to be in an incorporated or unincorporated area; c. Anticipated dates of initiation and completion of activity; d. Plans of the proposed activity shall be provided which include as a minimum: (i) A vicinity map showing the site of the activity, name of the waterway, boundary lines, names of roads in the vicinity of the site, graphic or numerical scale, and north arrow; (ii) A plan view of the project and engineering study reach showing existing and proposed conditions including Page 73 principal dimensions of the structure or work, elevations in mean sea level (1929 adjustment) datum or N.G.V.D., adjacent property lines and ownership, drainage and flood control easements, distance between proposed activity and navigation channel (when the proposed construction is near a commercially navigable body of water), flaod plain limit, location and orientation of cross-sections, north arrow, and a graphical or numerical scale; (iii) Cross-section views of the project and engineering study reach showing existing and proposed conditions including principal dimensions o 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 graphical or numerical scales (horizontal and vertical); and e. Engineering calculations and supporting data shall be submitted showing that the proposed work will meet the criteria of Section 902.0. f. Any and all other local, state and federal permits or approvals that may be required for this type of development. 901.2 Based on the best available existing data according to the Illinois state Water Survey's Flood Plain Information Repository, the Village Administrator shall compare the elevation of the site to the base flood or 100-year frequency flood elevation. Should no elevation information exist for the site, the developer's engineer shall calculate the elevation according to Section 604.0. Any development located on land that can be shown to have been higher than the base flood elevation as of the sites first Flood Insurance Rate Map Identification is not in the SFHA and, therefore, not subject to the requirements of this Ordinance. The Building Official shall maintain documentation of the existing ground elevation at the development site and certification that this ground elevation existing prior to the date of the site's first Fload Insurance Rate Map identification. 901.3 The Village Administrator shall be responsible for obtaining from the applicant copies of all other local, state, and federal permits, approvals or permit-not-required letters that may be required for this type of activity. The Village Administrator shall not issue the development permit unless all required local, state and federal permits have been obtained. 902.0 Preventing Increased Damages. No development in the SFHA, where a floodway has not been determined shall create a damaging or potentially Page 74 damaging increase in flood heights or velocity or threat to public health, safety and welfare or impair the natural hydrologic and hydraulic functions of the floodway or channel, or impair existing water quality or aquatic habitat. Construction impacts shall be minimized by appropriate mitigation methods as called for in this Ordinance. 902.1 Within all riverine SFHA's where the floodway has not been determined, the following standards shall apply: a. The developer shall have a Registered Professional Engineer state in writing and show through supporting plans, calculations, and data that the project meets the engineering requirements of Section 802.1 (a) through (1) for the entire flood plain as calculated under the provisions of Section 604.00 of this Ordinance. As an alternative, the developer should have an engineering study performed to determine a floodway and submit that engineering study to DWR for acceptance as a regulatory floodway. Upon acceptance of their floodway by the Department, the developer shall then demonstrate that the project meets the requirements of Section 800.0 for the regulatory floadway. The floodway shall be defined according to the definition in Section 300.41 of this Ordinance. b. A development permit shall not be issued unless the applicant first obtains a permit from DWR or written documentation that a permit is not required from DWR. c. No permit from DWR shall be required if the Division has delegated permit responsibility to the Village Administrator per 92 Ill. Adrn. Code, Part 708 for regulatory floodways, per DWR Statewide Permit entitled "Construction in Flood Plains with No Designated Floodways in Northeastern Illinois." d. Dam Safety Permits. Any work involving the construction, modification or removal of a dam or an on-stream structure to impound water as defined in Section 300.12 shall obtain an Illinois Division of Water Resources Dam safety permit or letter indicating a permit is not required prior to the start of construction of a dam. If the Village Administrator finds a dam that does not have DWR permit, the Village Administrator shall immediately notify the Dam Safety Section of the Division of Water Resources. If the Village Administrator finds a dam which is believed to be in unsafe condition, the Village Administrator shall immediately notify the owner of the dam and the Illinois Emergency Services, DWR, Dam Safety Section in Springfield and Disaster Agency Page 75 (ESDA). e. The fallowing activities may be permitted without a Registered Professional Engineer's review or calculation of a base flood elevation and regulatory floodway. Such activities shall still meet the other requirements of this Ordinance: (i) Underground and overhead utilities that: (a) Do not result in any increase in existing ground elevations, or (b) Do not require the placement of above ground structures in the floodway, or (c) In the case of underground stream crossings, the top of the pipe or encasement is buried a minimum of 3' below the existing streambed, and (d) In the case of overhead utilities, no supporting towers are placed in the watercourse and are designed in such a fashion as not to catch debris. (ii) Storm and sanitary sewer autfalls that: (a) Do not extend riverwazd or lakeward of the existing adjacent natural bank slope, and (b) Do not result in an increase in ground elevation, and (c) Are designed so as not to cause stream bank erosion at the outfall location. (iii) Construction of shoreline and streambed protection that: (a) Does not exceed 1000 feet in length or 2 cubic yards per lineal foot of streambed. (b) Materials are not placed higher than the existing top of bank. (c) Materials aze placed so as not to reduce the cross- sectional azea of the stream channel by more than 10%. Page 76 (iv) Temporary stream crossings in which: (a) The approach roads will be 0.5' ('/~ foot) or less above natural grade. (b) The crossing will allow stream flow to pass without backing up the water above the stream bank vegetation line or above any drainage the or outfall invert. (c) The top of the roadway fill in the channel will be at least 2' below the top of the lowest bank. Any fill in the channel shall be non-erosive material, such as rip-rap or gravel. (d) All disturbed stream banks will be seeded or otherwise stabilized as soon as possible upon installation and again upon removal of construction. (e) The access road and temporary crossings will be removed within one year after authorization. (v) The construction of light poles, sign posts and similar structures. (vi) The construction of sidewalks, driveways, athletic fields (excluding fences), patios and similar surfaces which aze built at grade; (vii) The construction of properly anchored, walled, open structures such as playground equipment, pavilions, and carports built at or below existing grade that would not obstruct the flow of flood waters; (viii) The placement of properly anchored buildings not exceeding seventy (70) square feet in size, nor ten (10) feet in any one dimension (e.g., animal shelters and tool sheds); (ix) The construction of additions to existing buildings which do not increase the first floor azea by more than twenty (20) percent, which aze located on the upstream or downstream side of the existing building, and which do Page 77 not extend beyond the sides of the existing building that are parallel to the flow of flood waters; (x) Minor maintenance dredging of a stream channel where: (a) The affected length of stream is less than 1000 feet. (b) The work is confined to reestablishing flows in natural stream channels, or (c) The cross-sectional area of the dredged channel conforms to that of the natural channel upstream and downstream of the site. f. The flood carrying capacity within any altered or relocated watercourse shall be maintained. 902.2 Compensatory Storage. Whenever any portion of a flood plain is authorized for use, the volume of space which will be occupied by the authorized fill or structure below the base flood or 100-year frequency flood elevation shall be compensated for and balanced by a hydraulically equivalent volume of excavation taken from below the base flood or 100- year frequency flood elevation. The excavation volume shall be at least equal to 1.S times the volume of storage lost due to the fill or structure. In the case of streams and watercourses, such excavation shall be made opposite or adjacent to the areas so filled or occupied. All flood plain storage lost below the existing l0-year flood elevation shall be replaced below the proposed 10-year flood elevation. All flood plain storage lost above the existing 10-year flood elevation shall be replaced above the proposed 10-year flood elevation shall be replaced above the proposed 10- year flood elevation. All such excavations shall be constructed to drain freely and openly to the watercourse. 1000.0 Permitting Requirements Applicable to All Flood Plain Areas. In addition to the requirements found in Sections 700.0, $00.0, and 900.0 for development in flood fringes, regulatory floodways, and SFHA or flood plains where no floodways have been identified (Zones A, A0, AH, AE Al-A30, A99, V0, V1-V30, VE, V, M or E), the following requirements shall be met. 1001.0 Public Health Standards 1001.1 No developments in the SFHA shall include locating or storing chemicals, Page 78 explosives, buoyant materials, animal wastes, fertilizers, flammable liquids, pollutants, or other hazardous or toxic materials belaw the flood plain elevation. 1001.2 New and replacement water supply systems, wells, sanitary sewer lines and on-site waste disposal systems may be permitted providing all manholes or other above ground openings located below the FPE are watertight. 1002.0 Carrying Capacity and Notification. For all projects involving channel modification, fill, ar stream maintenance (including levees), the flood carrying capacity of the watercourse shall be maintained. In addition, the Village Administrator shall notify adjacent communities in writing 30 days prior to the issuance of a permit for the alteration or relocation of the watercourse. 1003.0 Protecting Buildings. All buildings located within a 100-year flood plain also know as SFHA, shall be protected from flood damage below the flood protection elevation. However, existing buildings located within a regulatory flaodway shall also meet the more restrictive Appropriate Use standards included in Section 800.0. This building protection criteria applies to the following situations: a. Construction or placement of a new building. b. A structural alteration to an existing building that either increases the first floor area by more than 20% or the building's market value by mare than 50%; c. Installing a manufactured home on a new site or a new manufactured home on an existing site. This building protection requirements does not apply to returning a mobile home to the same site it lawfully occupied before it was removed to avoid flood damage; and d. Installing a travel trailer on a site for more than 180 days. This building protection requirement maybe met by one of the following methods. 1003.1 A residential or non-residential building, when allowed, may be constructed on permanent land fill in accordance with the following: a. The lowest floor, (including basement) shall be at or above the Page 79 flood protection elevation. b. The fill shall be placed in layers no greater than one (1) foot deep before compaction and should extend at least ten (10) feet beyond the foundation of the building before sloping below the flood protection elevation. The top of the fill shall be above the flood protection elevation. However, the ten (10) foot minimum may be waived if a structural engineer certifies an alternative method to protect the building from damages due to hydrostatic pressures. The fill shall be protected against erosion and scour. The fill shall not adversely effect the flow or surface drainage from or onto neighboring properties. 1003.2 A residential or non-residential building may be elevated in accordance with the following: a. The building or improvements shall be elevated on crawl space, stilts, piles, walls, or other foundation that is permanently open to flood waters and not subject to damage by hydrostatic pressures of the base flood or 100-year frequency flood. The permanent openings shall be no more than one foot above grade, and consists of a minimum of two openings. The openings must have a total net area of not less than one square inch for every one square foot of enclosed area subject to flooding below the Base Flood Elevation. b. 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. c. All areas below the flaod protection elevation shall be constructed of materials resistant to flood damage. The lowest floor (including basement) and all electrical, heating, ventilating, plumbing and air conditioning equipment and utility meters shall be locate at or above the flood protection elevation. Water and sewer pipes, electrical and telephone lines, submersible pumps, and other waterproofed service facilities may be located below the flood protection elevation. d. Na area below the flood protection elevation shall be used for storage of items or materials. e. Manufactured homes and travel trailers to be installed on a site for Page 80 more than 180 days, shall be elevated to or above the flood pratection elevation; and, shall be anchored to resist flotation, collapse, ar 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. Cade 870. 1003.3 Only anon-residential building may be structurally floodproofed (in lieu of elevation) provided that a registered professional engineer shall certify that the building has been structurally dry floodproofed below the flood protection elevation, the structure and attendant utility facilities are watertight and capable of resisting the effects of the base flood or 100-year frequency flood. The building design shall take into account flood velocities, duration, rate of 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 floadproofing for the purpose of this subsection). 1003.4 Non-conforming structures located in a regulatory floodway may remain in use, but may not be enlarged, replaced or structurally altered. A non- conforming structure damaged by flood, fire, wind or other natural or man-made disaster may be restored unless the damage exceeds fifty percent (50%) of its market value before it was damaged, in which case it shall conform to this Ordinance. Section 1100.0 Other Development Requirements The Board of Trustees shall take into account flood hazards, to the extent that they are known in all official actions related to land management, use and development. 1100.1 New subdivisions, manufactured home parks, annexation agreements, and Planned Unit Developments (PUDs) within the SFHA shall be reviewed to assure that the proposed developments are consistent with Sections 700, 800, 900 and 1000 of this Ordinance and the need to minimize flood damage. Plats or plans for new subdivisions, mobile borne parks and Planned Unit Developments (PUDs) shall include a signed statement by a Registered Professional Engineer that the plat or plans account far changes in the drainage of surface waters in accordance with the Plat Act (Ill. Rev. Stat., Ch. 109, Sec. 2). 1100.2 Proposals for new subdivisions, manufactured home parks, travel trailer parks, planned unit developments (PUDs) and additions to manufactured home parks and additions to subdivisions shall include base flood or 100- Page 81 yeaz frequency flood elevation data and floodway delineations.. Where this information is not available from an existing study filed with the Illinois State Water Survey, the appli8cant's engineer shall be responsible for calculating the base flood or 100-yeaz frequency flood elevation per Section 604.0 and the floodway delineation per the definition in Section 300.41 and submitting it to the State Water Survey and DWR for review and approval as best available regulatory data. 1100.3 Streets, blocks, lots, pazks and other public grounds shall be located and laid out in such a manner as to preserve and utilize natural streams and channels. Wherever possible, the flood plains shall be included within parks or other public grounds. 1100.4 The Board of Trustees shall not approve any Planned Unit Development (PUD) or plat of subdivision located outside the corporate limits unless such agreement or plat is in accordance with the provisions of this Ordinance. Section 1200.0 Vaziances No variances shall be granted to any development located in a regulatory floodway as defined in Section 300.13. However, when a development proposal is located outside of a regulatory floodway, and whenever the standards of this Ordinance place undue hardship on a specific development proposal, the applicant may apply to the Village for a variance. The Village Administrator shall review the applicant's request for a vaziance and shall submit his recommendation to the Board of Trustees. 1200.1 No variance shall be granted unless the applicant demonstrates that: a. The development activity cannot be located outside the SFHA; b. An exceptional hardship would result if the vaziance were not granted; c. The relief requested is the minimum necessary; d. There will be no additional threat to public health and safety. e. There will be no additional public expense for flood protection, rescue or relief operations, policing, or repairs to stream beds and banks, roads, utilities, or other public facilities; f. The provisions of Sections 702.0 and 902.0 of this Ordinance shall Page 82 still be met; g. The activity is not in a regulatory floodway; h. The applicant's circumstances are unique and do not represent a general problem, and The granting of the variance will not alter the essential character of the area involved including existing stream uses. 1200.2 The Village Administrator shall notify an applicant in writing that a variance from the requirements of Section 1000.0 that would lessen the degree of protection to a building will: a. Result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage. b. Increase the risks to life and property; and c. Require that the applicant proceed with knowledge of these risks and that he will acknowledge in writing that he assumes the risk and liability. 1200.3 Variances requested in connection with restoration of a 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 of Sections 1200.0 and 1200.2. Section 1300.0 Disclaimer of Liability The degree of flood protection required by this Ordinance is considered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of study. Larger floods may occur or flood heights may be increased by man-made or natural causes. This Ordinance does not imply that development, either inside or outside of the SFHA, will be free from flooding or damage. This Ordinance does not create liability on the part of the Village or any officer or employee thereof for any flood damage that results from reliance on this Ordinance or any administrative decision made lawfully thereunder. Section 1400.0 Penalty Failure to comply with the requirements of a permit or conditions of a variance Page 83 resolution shall be deemed to be a violation of this Ordinance. Upon due investigation, the Village Administrator may determine that a violation of the minimum standards of this Ordinance exist. The Village Administrator shall notify the owner in writing of such violation. 1400.1 if such owner fails after ten days notice to correct the violation: a. The Village Administrator may make application to the Circuit Court for an injunction requiring conformance with this Ordinance or make such other order as the Court deems necessary to secure compliance with the Ordinance. b. Any person who violates this Ordinance shall, upon conviction thereof, be fined not less than one hundred dollars ($100:00) or mare than seven hundred and fifty dollars ($750.00) for each offence. c. A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. d. The Village Administrator may record a notice of violation on the title to the property. 1400.2 The Village Administrator 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. 1400.3 Nothing herein shall prevent the Village Administrator from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible. Section 1500.0 Abrogation and Greater Restrictions This Ordinance is not intended to repeal, abrogate ar 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 Village passed in order to establish initial eligibility for the program. Ordinance 1039 is hereby repealed. Page 84 Section 1600.0 Sepazability The provisions and sections of this Ordinance shall be deemed sepazable and the invalidity of any portion of this Ordinance shall not affect the validity of the remainder. Section 1700.0 Effective Date This Ordinance shall be in full force and effect from and after its passage, approval, and publication, as required by law. Page 85 Section 3-9-2: SOIL EROSION AND SEDIMENT CONTROL ORDINANCE NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD, WILL COUNTY, ILLINOIS, AS FOLLOWS: 100.0 Findings and Purpose 101.0 Findings The Board of Trustees of the Village of Plainfield hereby finds that: 101.1 Excessive quantities of soil may erode from areas undergoing development for certain non-agricultural uses including but not limited to the construction of dwelling units, commercial buildings and industrial plants, the building of roads and highways, the modification of stream channels and drainageways, and the creation of recreational facilities; 101.2 The washing, blowing, and falling of eroded soil across and upon roadways endangers the health and safety of users thereof, by decreasing vision and reducing traction of road vehicles; 101.3 Soil erosion necessitates the costly repairing of gullies, washed-out fills, and embankments; 101.4 Sediment from soil erosion tends to clog sewers and ditches and to pollute and silt rivers, streams, lakes, wetlands, and reservoirs; lO1.S Sediment limits the use of water and waterways for most beneficial purposes, promotes the growth of undesirable aquatic weeds, destroys fish and other desirable aquatic life, and is costly and difficult to remove; and 101.6 Sediment reduces the channel capacity of waterways and the storage capacity of floodplains and natural depressions, resulting in increased chances of flooding at risk to public health and safety. The Board of Trustees therefore declares that the purpose of this ordinance is to safeguard persons, protect property, prevent damage to the environment, and promote the public welfare by guiding, regulating and controlling the design, Page 86 construction, use and maintenance of any development ar other activity which disturbs or breaks the topsoil ar otherwise results in the movement of earth on land situated in the Village of Plainfield. It is the intention of this ordinance that the delivery of sediment from sites affected by land disturbing activities be limited, as closely as practicable, to that which would have occurred if the land had been left in its natural undisturbed state. The ordinance is applied to all development, as defined in section 3-9-1, in the Village. 200.0 Definitions For the purposes of this Ordinance certain terms used herein are defined as set forth below: 200.1 BUILDING PERMIT: A permit issued by the Village of Plainfield for the construction, erection or alteration of a structure or building. 200.2 CERTIFY OR CERTIFICATION: Formally attesting that the specific inspections and tests where required have been performed, and that such tests comply with the applicable requirements of this Ordinance. 200.3 CLEARING: Any activity which removes vegetative ground cover. 200.4 CUBIC YARDS: The amount of material in excavation and/or fill measured by the method of "average end areas". 200.5 EXCAVATION: Any act by which organic matter, earth, sand, gravel, rock or any other similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated or bulldozed and shall include the conditions resulting therefrom. 200.6 EXISTING GRADE: The vertical location of the existing ground surface prior to excavation or filling. 200.7 FILL: Any act by which, earth, sand, gravel, rock or any other material is deposited, placed, replaced, pushed, dumped, pulled, transported or moved by man to a new location and shall include the conditions resulting therefrom. 200.8 FINAL GRADE: The vertical location of the ground or pavement surface after the grading work is completed in accordance with the site development plan. 200.9 GRADING: Excavation or fill or any combination thereof and shall include the conditions resulting from any excavation or fill. Page 87 200.10 NATURAL DRAINAGE: Channels formed in the existing surface topography of the earth prior to changes made by unnatural causes. 200.11 PARCEL: All contiguous land in one ownership. 200.12 PERMITTEE: Any person to whom a site development permit is issued. 200.13 PERSON: Any individual, firm or corporation, public or private, the State of Illinois and its agencies or political subdivisions, and the United States of America, its agencies and instrumentalities, and any agent, servant, officer or employee of any of the foregoing. 200.14 REMOVAL: Cutting vegetation to the ground or stumps, complete extraction, or killing by spraying. 200.1 S SITE: A lot or parcel of land, or a contiguous combination thereof, where grading work is performed as a single unified operation. 200.16 SITE DEVELOPMENT: Altering terrain and/or vegetation and constructing improvements. 200.17 SITE DEVELOPMENT PLAN: A permit issued by the Village of Plainfield for the construction or alteration of ground improvements and structures for the control of erosion, runoff and grading. 200.18 STREAM: Any river, creek, brook, branch, flowage, ravine, or natural or man-made drainageway which has a definite bed and banks or shoreline, in or into which surface or groundwater flows, either perennially or intermittently. 200.19 STRIPPING: Any activity which removes the vegetative surface cover including tree removal, clearing, and storage or removal of top soil. 200.20 VACANT: Land on which there are no structures or only structures which are secondary to the use or maintenance of the land itself. 200.21 VILLAGE: The Village of Plainfield, Will County, Illinois. 200.22 WETLANDS: Areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for line if saturated soil conditions. Page 88 300.00 General Principles It is the objective of this ordinance to control soil erosion and sedimentation caused by development activities, including clearing, grading, stripping, excavating, and filling of land, in the Village. Measures taken to control soil erosion and offsite sediment runoff should be adequate to assure that sediment is not transported from the site by a storm event often-year frequency of less. The erosion and sedimentation control practices discussed in the Illinois Urban Manual and the following principles shall apply to all development activities within the Village and to the preparation of the submissions required under Section 400.0 of this ordinance: 300.1 Development should be related to the topography and soils of the site so as to create the least potential for erosion. Areas of steep slopes where high cuts and fills may be required should be avoided wherever possible, and natural contours should be followed as closely as possible. 300.2 Natural vegetation should be retained and protected wherever possible. Areas immediately adjacent to natural watercourses, lakes, ponds, and wetlands should be left undisturbed wherever possible. Temporary crossings of watercourses, when permitted, must include appropriate stabilization measures. 300.3 Special precautions should be taken to prevent damages resultant from any necessary development activity within or adjacent to any stream, lake, pond, or wetland. Preventative measures should reflect the sensitivity of these areas to erosion and sedimentation. 300.4 The smallest practical area of land should be exposed for the shortest practical time during development. 300.5 Sediment basins or traps, filter barriers, diversions, and any other appropriate sediment or runoff control measures should be installed prior to site clearing and grading and maintained to remove sediment from nan- offwaters from land undergoing development. 300.6 The selection of erosion and sedimentation control measures should be based on assessment of the probable frequency of climatic and other events likely to contribute to erosion, and on evaluation of the risks, casts, and benefits involved. Page 89 300.7 In the design of erasion control facilities and practices, aesthetics and the requirements of continuing maintenance should be considered. 300.8 Provision should be made to accommodate the increased run-off caused by changed soil and surface conditions during and after development. Drainageways should be designed so that their final gradients and the resultant velocities and rates of discharge will no create additional erosion onsite or downstream. 300.9 Permanent vegetation and structures should be installed and functional as soon as practical during development. 300.10 Those areas being converted from agricultural purposes to other land uses should be vegetated with an appropriate protective cover prior to development. 300.11 All waste generated as a result of site development activity should be property disposed of and should be prevented from being carried off the site by either wind or water. 300.12 All construction sites should provide measures to prevent sediment from being tracked onto public or private roadways. 400.0 Site Development Permit 401.0 Permit Required Except as otherwise provided in this ordinance, no persons shall commence or perform any clearing, grading, stripping, excavating, or filling of land which meets the following provisions without having first obtained a site development permit from the Building Department of the Village of Plainfield. 401.1 Any land distributing activity (i.e., clearing, grading, stripping, excavation, fill, or any combination thereof) that will affect an area in excess of 5000 sq. ft.; 401.2 Any land disturbing activity that will affect an area in access of 500 sq. ft. if the activity is within 25 feet of a lake, pond, stream, or wetland; or 401.3 Excavation, fill, or any combination thereof that will exceed 100 cubic yards. 402.0 Exceptions Page 90 A permit shall not be required for any of the fallowing provided that the person responsible for any such development shall implement necessary soil erosion and sediment control measures to satisfy the principles set forth in Section 300.0 of this Ordinance. 402.1 Excavation below final grade for the basement and footings of a single- family residence and appurtenant structures on a site in excess of two acres for which a building permit has been issued by the Village. 402.2 Agricultural use of land, including the implementation of conservation measures included in a farm conservation plan approved by the Soil and Water Conservation District and including the construction of agricultural structures; 402.3 Installation, renovation, or replacement of a septic system to serve an existing dwelling or structure. 403.0 Application for Permit Application for a site development permit shall be made by the owner of the property or his authorized agent to the Planning Department on a form furnished for that purpose. Each application shall bear the name(s) and address(es) of the owner or developer of the site and of any consulting firm retained by the applicant together with the name of the applicant's principal contact as such firm. Each application shall include certification that any land clearing, construction, or development involving the movement of earth shall be in accordance with the plans approved upon issuance of the permit. 404.0 Submissions Each application for a site development permit shall be accompanied by the following information: 404.1 A vicinity map in sufficient detail to enable easy location in the field of the site for which the permit is sought, and including the boundary line and approximate acreage of the site, existing zoning, and a legend and scale. 404.2 A development plan of the site showing: a. Existing topography of the site and adjacent land within approximately 100 feet of the boundaries, drawn at no greater than two-foot contour intervals and clearly portraying the conformation and drainage pattern of the area. Page 91 b. The location of existing buildings, structures, utilities, streams, lakes, floodplains, wetlands and depressions, drainage facilities, vegetative cover, paved areas, and other significant natural or man-made features on the site and adjacent land within 100 feet of the boundary. c. A general description of the predominant soil types on the site, their location, and their limitations for the proposed use. d. Proposed use of the site, including present development and plan utilization; areas of clearing, stripping, grading, excavation, and filling; proposed contours, finished grades, and street profiles; provisions for storm drainage, including storm sewers, swales, detention basins and any other measures to control the rate of runoff, within a drainage area map, indications of flaw directions, and computations; kinds and locations of utilities; and areas and acreage proposed to be paved, covered, sodded or seeded, vegetatively stabilized, or left undisturbed. 404.3 An erosion and sediment control plan showing all measures necessary to meet the objectives of this ordinance throughout all phases of construction and permanently after completion of development of the site, including: a. Location and description, including standard details, of all sediment control measures and design specifics of sediment basins and traps, including outlet details. b. Location and description of all soil stabilization and erosion control measures, including seeding mixtures and rates, types of sod, method of seedbed preparation, expected seeding dates, type and rate of lime and fertilizer application, kind and quantity of mulching for both temporary and permanent vegetative control measures, and types ofnon-vegetative stabilization measures. c. Location and description of all runoff control measures, including diversions, waterways, and outlets. d. Location and description of methods to prevent tracking of sediment offsite, including construction entrance details, as appropriate. e. Description of dust and traffic control measures. f. Locations of stockpiles and description of stabilization methods. Page 92 g. Description of off-site fill or borrow volumes, locations, and methods of stabilization. h. Provisions for maintenance of control measures, including type and frequency of maintenance, easements, and estimates of the cost of maintenance. i. Identification (name address and tele hone) of the person(s) or entity which will have legal responsibility for maintenance of erosion control structures and measures during development and after development is completed. 404.4 The proposed phasing of development of the site, including stripping and clearing, rough grading and construction, and final grading and landscaping. Phasing should identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas, and the sequence of installation of temporary sediment control measures (including perimeter controls), clearing and grading, installation of temporary soil stabilization measures, installation of storm drainage, paving streets and parking areas, final grading and the establishment of permanent vegetative cover, and the removal of temporary measures, it shall be the responsibility of the applicant to notify the Planning Department of any signification changes which occur in the site development schedule after the initial erosion and sediment control plan has been approved. These submissions shall be prepared in accordance with the requirements of this ordinance and the standards and requirements contained in the "Illinois Procedures and Standards for Urban Soil Erosion and Sedimentation Control" prepazed by the Northeastern Illinois Soil Erosion and Sedimentation Control Steering Committee and adopted by the Will County Soil and Water Conservation District, which standards and requirements are hereby incorporated into this ordinance by reference. The Village may waive specific requirements for the content of submissions upon finding that the information submitted to show that the work will comply with the objectives and principles of this ordinance. 405.0 Bonds The applicant is required to file with the Village a faithful performance band or bonds, letter of credit, or other improvement security satisfactory to the Village Attorney in an amount deemed sufficient by the Village Engineer and Village Page 93 Attorney to cover all costs of improvements, landscaping, maintenance of improvements and landscaping, and sail erosion and sediment control measures for such period as specified by the Village, and engineering and inspection costs to cover the cost of failure or repair of improvements installed on the site. 406.0 Review and A royal Each application far a site development permit shall be reviewed and acted upon according to the following procedures: 404.1 The Planning Department will review each application for a site development permit to determine its conformance with the provisions of this ordinance. The Planning Department may also refer any application to the Will County Soil and Water Conservation District and/or any other local government or public agency within whose jurisdiction the site is located for review and comment. Within thirty (30) days after receiving an application, the Planning Department shall in writing: a. Approve the permit application if it is found to be in conformance with the provisions of this ordinance, and issue the permit. b. Approve the permit application subject to such reasonable conditions as may be necessary to secure substantially the objectives of this ordinance, and issue the permit subject to these conditions; or c. Disapprove the permit application, indicating the deficiencies and the procedure for submitting a revised application and/or submission. 406.2 No site development permit shall be issued for an intended development site unless: a. the development, including but not limited to subdivisions and planned unit development, has been approved by the Village where applicable, or b. such permit is accompanied by or combined with a valid building permit issued by the Village, or c. the proposed earth moving is coordinated with any overall development program previously approved by the Village for the area in which the site is situated; and Page 94 d. all relevant federal and state permits (i.e., for floodplains and wetlands) have been received for the portion of the site subject to soil disturbance. 406.3 Failure of the Village to act on an original or revised application within thirty (30) days of receipt shall authorize the applicant to proceed in accordance with the plans as filed unless such time is extended by agreement between the Village and the applicant. Pending preparation and approval of a revised plan, development activities shall be allowed to proceed in accordance with conditions established by the Village. 40'7.0 Expiration of Permit Every site development permit shall expire and become null and void if the work authorized by such permit has not been commenced within one hundred and eighty (180) days, or is not completed by a date which shall be specified in the permit; except that the Planning Department may, if the pennittee presents satisfactory evidence that unusual difficulties have prevented work being commenced or completed within the specified time limits, grant a reasonable extension of time if written application is made before the expiration date of the permit. The Planning Department may require modification of the erosion control plan to prevent any increase in erosion control plan to prevent any increase in erosion or offsite sediment runoff resulting from any extension. 408.0 AUUeals The applicant, or any person or agency which received notice of the filing of the application may appeal the decision of the Planning Department as provided in Section 406.0, to the Board of Appeals. Upon receipt of an appeal, the Board of Appeals shall schedule and hold a public hearing, after giving 1 S days notice thereof. The board shall render a decision within thirty (30) days after the hearing. Factors to be considered on review shall include, but need not be limited to, the effects of the proposed development activities on the surface water flow to tributary and downstream lands, any comprehensive watershed management plans, or the use of any retention facilities; possible saturation of fill and unsupported cuts by water, both natural and domestic; runoff surface waters that produce erosion and silting of dralnageways; nature and type of soil or rock which when disturbed by the proposed development activities may create earth movement and produce slopes that cannot be landscaped and excessive and unnecessary scarring of the natural landscape through grading or removal of vegetation. Page 95 409.0 Retention of Plans Plans, specifications, and reports for all site developments shall be retained in original form or on microfilm by the Village. 500.0 Desi and O eration Standards and Re uirements SOl A Applicability All clearing, grading, stripping, excavating, and filling which is subject to the permit requirements of this ordinance shall be subject to the applicable standards and requirements set forth in this Section 500.0. 502.0 Responsibility The permittee shall not be relieved of responsibility far damage to persons or property otherwise imposed by law, and the Village or its officers or agents will not be made liable for such damage, by: 1. the issuance of a permit under this ordinance, 2. compliance with the provisions of that permit or with conditions attached to it by the Planning Department, 3. failure of Village Officials to observe or recognize hazardous or unsightly conditions, ' 4, failure of Village officials to recommend denial of or to deny a permit, or 5. exemptions from the permit requirements of this ordinance. 503.0 Site Design Requirements 503.1 On-site sediment control measures, as specified by the following criteria, shall be constructed and functional prior to initiating clearing, grading, stripping, excavating or fill activities on the site. a. Far disturbed areas draining less than 1 acre, filter barriers (including filter fences, straw bales, or equivalent control measures) shall be constructed to control all offsite runoff as specified in reference handbooks. Vegetated filter strips, with a minimum width of 25 feet, may be used as an alternative only where runoff in sheet flow is expected. Page 96 b. For disturbed areas draining more than one but less than five acres, a sediment trap or equivalent control measure shall be constructed at the downslope point of the disturbed area. c. For disturbed areas draining more than five acres, a sediment basin or equivalent control measure shall be constructed at the downslope point of the disturbed area. d. Sediment basins and sediment traps designs shall provide for both detention storage and sediment storage. The detention storage shall be composed of equal volumes of "wet" detention storage and "dry" detention storage and each shall be sized for the 2-year, 24-hazer runoff from the site under maximum runoff conditions during construction. The release rate of the basin shall be that rate required to achieve minimum detention times of at least 10 hours. The elevation of the outlet structure shall be placed such that it only drains the dry detention storage. e. The sediment storage shall be sized to store the estimated sediment load generated from the site aver the duration of the construction period with a minimum storage equivalent to the volume of sediment generated in one year. For construction periods exceeding one year, the one-year sediment load and a sediment removal schedule may be substituted. 503.2 Stormwater conveyance channels, including ditches, swales, and diversions, and the outlets of all channels and pipes shall be designed and constructed to withstand the expected flow velocity from the 10-year frequency storm without erosion. All constructed or modified channels shall be stabilized within 48 hours, consistent with the following standards: a. For grades up to 4 percent, seeding in combination with mulch, erasion blanket, or an equivalent control measure shall be applied. Sod or erasion blanket or mat shall be applied to the bottom of the channel. b. For grades of 4 to 8 percent, sad or an equivalent control measure shall be applied in the channel. c. For grades greater than 8 percent, rock, riprap, or an equivalent control measure shall be applied, or the grade shall be effectively reduced using drop structures. Page 97 503.3 Disturbed areas shall be stabilized with temporary or permanent measures within 7 calendar days following the end of active disturbance, ar re- disturbance, consistent with the following criteria: a. Appropriate temporary or permanent stabilization measures shall include seeding, mulching, sodding, and/or non-vegetative measures. b. Areas having slopes greater than 12 percent shall be stabilized with sod, mat or blanket in combination with seeding, or equivalent. 503.4 Land disturbance activities in stream channels shall be avoided, where possible. if disturbance activities are unavoidable, the following requirements shall be met: a. Construction vehicles shall be kept out of the stream channel to the maximum extent practicable. Where construction crossings are necessary, temporary crossings shall be constructed on non-erosive material, such as riprap or gravel. b. The time and area of disturbance of stream channels shall be kept to a minimum. The stream channel, including bed and banks, shall be restabilized within 48 hours after channel disturbance is completed, interrupted, or stopped. c. Whenever channel relocation is necessary, the new channel shall be constructed in the dry and fully stabilized before flow is diverted. 503.5 Storm sewer inlets and culverts shall be protected by sediment traps ar filter barriers meeting accepted design standards and specifications. 503.6 Soil storage piles containing more than 10 cubic yards of material shall not be located with a downslope drainage length of less than 25 feet to a roadway or drainage channel. Filter barriers, including straw bales, filter fence, or equivalent, shall be installed immediately on the downslope side of the piles. 503.7 if dewatering devices are used, discharge locations shall be protected from erosion. All pumped discharges shall be routed through appropriately designed sediment traps or basins or equivalent. 503.8 Each site shall have graveled (or equivalent) entrance roads, access drives, Page 98 and parking areas of sufficient length and width to prevent sediment from being tracked onto public or private roadways. Any sediment reaching a public or private road shall be removed by shoveling or street cleaning (not flushing) before the end of each workday and transported to a controlled sediment disposal area. 503.9 All temporary and permanent erosion and sediment control practices must be maintained and repaired as needed to assure effective performance of their intended function. 503.10 All temporary erasion and sediment control measurers shall be disposed of within thirty (30) days after final site stabilization is achieved with permanent soil stabilization measures. Trapped sediment and other disturbed soils resulting from the disposition of temporary measures should be permanently stabilized to prevent further erosion and sedimentation. 504.0 Handbooks Adopted by Reference The standards and specifications contained in the "Illinois Procedures and Standards for Urban Soil Erosion and Sedimentation Control" cited in Section 400.0 are hereby incorporated into this Section 500.0 and made a part hereof by reference for the purpose of delineating procedures and methods of operation under site development and erosion and sedimentation control plans approved under Section 400.0. In the event of conflict between provisions of said manuals and of this ordinance, the ordinance shall govern. 505.0 Maintenance and Control Measures All soil erosion and sediment control measures necessary to meet the requirements of this ordinance shall be maintained periodically by the applicant or subsequent land owner during the period of land disturbance and development of the site in a satisfactory manner to ensure adequate performance. 506.0 Inspection The Building Official or his representative shall make inspections as hereinafter required and shall either approve that portion of the work completed or shall notify the permittee wherein the work fails to comply with the site development or erosion and sedimentation control plan as approved. Plans for grading, stripping, excavating, and filling work bearing the stamp of approval of the (permitting authority) shall be maintained at the site during progress of the work. In order to obtain inspections and to ensure compliance with the approved erosion and sediment control plan, the grading or building permit, and this Ordinance, the Page 99 permittee shall notify the Building Official within two (2) working days of the completion of the construction stages specified below: 1. Upon completion of installation of sediment and runoff control measures (including perimeter controls and diversions), prior to proceeding with any other earth disturbance or grading, 2. After stripping and clearing, 3. After rough grading, 4. After final grading, 5. After seeding and landscaping deadlines, and 6. After final stabilization and landscaping, prior to removal of sediment controls. If stripping, clearing, grading and/or landscaping are to be done in phases or areas, the permittee shall give notice and request inspection at the completion of each of the above work stages in each phase or area. If an inspection is not made and notification of the results given within five working days after notice is received by the Village from the permittee, the permittee may continue work at his/her own risk, without presuming acceptance by the Village. Notification of the results of the inspection shall be given in writing at the site. 507.0 Special Precautions 507.1 If at any stage of the grading of any development site, the Building Official determines by inspection that the nature of the site is such that further work authorized by an existing permit is likely to imperil any property, public way, stream, lake, wetland, or drainage structure, the Building Official may require, as a condition of allowing the work to be done, that such reasonable special precautions to be taken as considered advisable to avoid the likelihood of such peril. "Special precautions" may include, but shall not be limited to, a more level exposed slope, construction of additional drainage facilities, berm, more level exposed slope, construction of additional drainage facilities, berm, terracing, compaction, or cribbing, installation of plant materials for erosion control, and recommendations of a registered soils engineer and/or engineering geologist which may be made requirements for further work. 507.2 Where is appears that storm damage may result because the grading on any development site is not complete, work maybe stopped and the permittee Page 100 required to install temporary structures or take such other measures as may be required to protect adjoining property or the public safety. On large developments or where unusual site conditions prevail, the Village may specify the time of starting grading and time of completion or may require that the operations be conducted in specific stages so as to insure completion of protective measures or devices prior to the advent of seasonal rains. 508.0 Amendment of Plans Major amendments of the site development or erosion and sedimentation control plans shall be submitted to the Planning Department and shall be processed and approved ar disapproved in the same manner as the original plans. Field modifications of a minor nature may be authorized by the Building Official by written authorization to the permittee. 600.0 Enforcement 601.0 Exceptions The Board of Appeals may, in accordance with the following procedures, authorize exceptions to any of the requirements and regulations set forth in this ordinance. 601.1 Application for any exception shall be made by a verified petition of the applicant for a site development permit, stating fully the grounds of the petition and the facts relied upon by the applicant. Such petition shall be filed with the site development application. In order for the petition to be granted, it shall be necessary that the Board of Appeals find all of the following facts with respect to the land referred to in the petition: a. That the land is of such shape or size or is affected by such physical conditions or is subject to such title limitations of record, that it is impossible or impractical for the applicant to comply with all of the requirements of this ordinance; b. That the exception is necessary for the preservation and enjoyment of a substantial property right of the applicant; and c. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity of the subject property. 601.2 Each application for an exception shall be referred to the Planning Page 101 Department for review. The Village Planner shall transmit his/her recommendations to the Board of Appeals, which shall review such recommendations prior to granting or denying such recommendations prior to granting or denying the exception. 601.3 The Board of Appeals shall hold a public hearing an each application for exception, within thirty (30) days after receiving application, in the manner provided with respect to appeals. After public hearing, the Board may approve the site development permit application with the exceptions and conditions it deems necessary or it may disapprove such site development permit application and exception application or it may take such other action as appropriate. 602.0 Stop-Work Order; Revocation of Permit In the event any person holding a site development permit pursuant to this ordinance violates the terms of the permit, or carries on site development in such a manner as to materially adversely affect the health, welfare, or safety of persons residing or working in the neighborhood of the development site or so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the Village may suspend or revoke the site development permit. 602.1 Suspension of a permit shall be by a written stop-work order issued by the Building Official and delivered to the permittee or his agent or the person performing the work. The stop-work order shall be effective immediately, shall state the specific violations cited, and shall state the conditions under which work may be resumed. A stop-work order shall remain in effect until the next regularly scheduled meeting of the Board of Appeals at which the conditions of sub-paragraph 602.2 below can be met, unless the permittee immediately takes all action necessary to come into compliance with the ordinance. 602.2 No site development permit shall be permanently suspended or revoked until a hearing is held by the Board of Appeals. Written notice of such hearing shall be served on the permittee, either personally or by registered mail, and shall state: the grounds for complaint or reasons for suspension ar revocation, in clear and concise language; and 2. the time when and place where such hearing will be held. Such notice shall be served on the permittee at least five (5) days prior to Page 102 the date set for hearing. At such hearing, the permittee shall be given an opportunity to be heard and may call witnesses and present evidence on his behalf. At the conclusion of the hearing the Board of Appeals shall determine whether the permit shall be suspended or revoked. 603.0 Violations and Penalties No person shall construct, enlarge, alter, repair, or maintain any grading, excavation or fill, or cause the same to be done, contrary to or in violation of any terms of this ordinance. Any person violating any of the provisions of this ordinance shall be deemed guilty of an ordinance violation, and each day during which any violation of any of the provisions of this ordinance is committed, continued, or permitted shall constitute a separate offense. Upon conviction of any such violation, such person, partnership, or corporation shall be punished by a fine of not more than $750.00 for each offense. In addition to any other penalty authorized by this section, any person, partnership, or corporation convicted of violating any of the provisions of this ordinance shall be required to restore the site to the condition existing prior to commission of the violation, or to bear the expense of such restoration. 604.0 Separability The provisions and sections of this ordinance shall be deemed to be separable, and the invalidity of any portion of this ordinance shall not affect the validity of the remainder. 605.0 Effective Date This ordinance shall be in full force and effect from and after its passage and approval and publication, as required by law. This ordinance shall be numbered as Ordinance No. 1748 . PASSED this 18t" day of Au~u~ st , 1997. Page 103 Section 3-9-3: STREAM AND WETLAND PROTECTION SECTION: 4-10- 1: Authority 4-10- 2: Short Title 4-10- 3 : Purpose and Intent 4-10- 4: Definitions 4-10- 5 : Special Use Permit 4-10- 5-1: Application for Permit; Fee 4-10- 5-2: Submissions 4-10- 5-3: Bonds 4-10- 5-4: Review and Approval 4-10- 5-5: Permit Exceptions 4-10- 5-6: Effect on Other Permits 4-10- 6: General Provisions; Area Affected 4-10- 5-1: Lowland Conservancy Overlay District 4-10- 6-2: District Boundary 4-10- 6-3: Minimum Setback of Development Activity From Streams 4-10- 6-4: Site Development Plan 4-10- 6-5: Geologic And Soil Characteristics; Report 4-10- 6-6: Hydrologic Controls/Drainage Control Plan 4-10- 6-7: Site Grading and Excavation Plan 4-10- 6-8: Natural Vegetation Buffer Strip Required 4-10- 7: Watercourse Relocation and Minor Modifications 4-10- 7-1: Permitting Stream Modification 4-10- 7-2: Content of Stream Madif cation/Relocation Plan 4-10- 7-3: Armoring of Channels and Banks 4-10- 7-4: Use of Culverts 4-10- 7-5: On-Stream Impoundments 4-10- 8: Impact Assessment 4-10- 9: Stream Maintenance Easement 4-10- 10: Bonds 4-10- 11: Liability 4-10- 12: Separability 4-10- 13: Retroactivity 4-10- 14: Enforcement 4-10- 15: Stop-Work Order; Revocation of Permit 4-10- 16: Violations and Penalties Page l04 NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD, WILL COUNTY, ILLINOIS, AS FOLLOWS: 4-10-1:AUTHORITY: The Lowland Conservancy Overlay District is adopted by the Board of Trustees, pursuant to 65 Illinois Compiled Statutes S/11-13-1. 4-10-2:SHORT TITLE: This Chapter shall be known and may be cited as the PLAINFIELD LOWLAND CONSERVANCY OVERLAY DISTRICT ORDINANCE. 4-10-3 : PURPOSE AND INTENT: It is the purpose and intent of this Chapter to promote the health, safety and general welfare of the present and future residents of Plainfield and downstream drainage areas by providing for the protection, preservation, proper maintenance, and use of Plainfield watercourses, lakes, ponds, floodplain and wetland areas. This Chapter applies to all development within the Village. This Chapter is more specifically adapted: (A) To prevent flood damage by preserving storm and flood water storage capacity; (B) To maintain the normal hydrologic balance of streams, floodplains, ponds, lakes, wetlands, and groundwater by storing and providing for infiltration ofwet-period runoff in floodplains and wetlands, and releasing it slowly to the stream to maintain in-stream flow; (C) To manage stormwater runoff and maintain natural runoff conveyance systems, and minimize the need for major storm sewer construction and drainageway modification; (D) To improve water quality, both by filtering and storing sediments and attached pollutants, nutrients, and organic compounds before they drain into streams or wetlands, and by maintaining the natural pollutant-assimilating capabilities of streams, floodplains and wetlands; (E) To protect shorelines and stream banks from soil erosion, using natural means and materials wherever possible; (F) To protect fish spawning, breeding, nursery and feeding grounds; (G) To protect wildlife habitat; (H) To preserve areas of special recreational, scenic, or scientific interest, including natural areas and habitats of endangered species; Page 105 (I) To maintain and enhance the aesthetic qualities of developing areas; and (J) To encourage the continued economic growth and high quality of life of the Village which depends in part on an adequate quality of water, a pleasing natural environment, and recreational opportunities in proximity to the Village. In order to achieve the purpose and intent of this Chapter, Village hereby designates the Lowland Conservancy Overlay District which shall be considered as an overlay to the zoning districts created by the Village zoning ordinances as amended. Any proposed development activity with the District must obtain a special use permit as approved by the governing body of the Village. 4-10-4: DEFINITIONS: ARMORING: A form of channel modification which involves the placement of materials (concrete, riprap, bulkheads, etc.) within a stream channel or along a shoreline to protect property above streams, lakes, and ponds from erosion and wave damage caused by wave action and stream flow. BULKHEAD: A retaining wall that protects property along water. CHANNEL: A natural or artificial. watercourse of perceptible extent that periodically or continuously contains moving water, or which forms a connecting link between two (2) bodies of water. It has a definite bed and banks that serve to contain the water. CHANNEL MODIFICATION OR CHANNELIZATION: To alter a watercaurse by changing the physical dimension or materials of the channel. Channel modification includes damming, riprapping (or other armoring), widening, deepening, straightening, relocating, lining and significant removal of bottom or woody vegetation. Channel modification does not include the clearing of debris or trash from the watercourse. Channelization is a severe form of channel modification involving a significant change in the channel cross-section and typically involving relocation of the existing channel (e.g., straightening). CONTROL STRUCTURES: A structure designed to control the rate of stormwater runoff that passes through the structure, given a specific upstream and dawnstrearn water surface elevation. CULVERT: A structure designed to carry drainage water or small streams below barriers such as roads, driveways, or railway embankments. Page 106 DEPRESSION 1 AREA: Any area which is lower in elevation on all sides than surrounding properties (i.e., does not drain freely), or whose drainage is severely limited such as by a restrictive culvert. A depressional area will fill with water on occasion when run off into it exceeds rate of infiltration into underlying soil or exceeds the discharge through its controlled outlet. Large depressional areas may provide significant stormwater or floodplain storage. DEVELOPMENT: The carrying out of any building, agricultural, or mining operation, or the making of any change in the use or appearance of land, and the dividing of land into two (2) or more parcels. The following activities or uses shall be taken, for the purposes of this Chapter, to involve development as defined herein: (A) Any construction, reconstruction, or alteration of a structure to occupy more or less ground area, or the on-site preparation for same; (B) Any change in the intensity of use of land, such as an increase in the number of dwelling units on land; or a material increase in the site coverage of businesses, manufacturing establishments, offices, and dwelling units, including mobile homes, campers, and recreational vehicles, on land; (C) Any agricultural use of land including, but not limited to, the use of land in horticulture, floriculture, forestry, dairy, livestock, poultry, beekeeping, pisciculture, and all forms of farm products and farm production; (D) The commencement of drilling, except to obtain soil samples, or the commencement of mining, filling, excavation, dredging, grading or other alterations of the topography; (E) Demolition of a structure or redevelopment of a site; (F) Clearing of land as an adjunct of construction for agricultural, private residential, commercial or industrial use; (G) Deposit of refuse, solid or liquid waste, or fill on a parcel Page 107 of land, or the storage of materials; (H) Construction, excavation, or fill operations relating to the creation or modification of any road, street, parking facility or any drainage canal, or to the installation of utilities or any other grading activity that alters the existing topography; (I) Construction or erection of dams, levees, walls, fences, bridges or culverts; and (J) Any other activity that might change the direction, height, or velocity or flood or surface waters. DISTRICT: The Lowland Conservancy Overlay District as defined in Section 4- 10-6-2 of this Chapter. EROSION: The general process whereby soils are moved by flowing water or wave action. FILTERED VIEW: The maintenance or establishment of woody vegetation of sufficient density to screen developments from a stream or wetland, to provide far streamback stabilization and erosion control, to serve as an aid to infiltration of surface runoff, and to provide cover to shade the water. The vegetation need not be so dense as to completely block the view. Filtered view means no clear cutting. FLOODPLAIN: That land adjacent to a body of water with ground surface elevations at or below the 100-year frequency flood elevation. FLOODWAY: That portion of the floodplain (sometimes referred to as the base floodplain or special flood hazard area) required to store and convey the base flood. The floodway is the 100-year floodway as designated and regulated by the Illinois Department of Transportation/Division of Water Resources. The remainder of the floodplain which is outside the regulatory floodway is referred to as the flood fringe or floodway fringe. HYDRAULIC CHARACTERISTICS: The features of a watercourse which determine its water conveyance capacity. These features include but are not limited to: size and configuration of the cross-section of the watercourse and floodway; texture and roughness of materials along the watercourse; alignment of watercourse; gradient of watercourse; amount and type of vegetation within the watercourse; and size, configuration, and other characteristics of structures within the watercourse. In low-lying Fage 108 areas the characteristics of the averbank area also determine water conveyance capacity. LAKE OR POND: Any inland waterbody, fed by spring or surface water flow. LOT: An area of land, with defined boundaries, that is designated in official assessor's records as being one parcel. NATURAL: In reference to watercourses, means those stream channels, grassed waterways and swales formed by the existing surface topography of the earth prior to changes made by unnatural causes. A natural stream tends to follow a meandering path; its floodplain is not constrained by levees; the area near the bank has not been cleared, mowed or cultivated; the stream flaws over soil and geologic materials typical of the area with na alteration of the course or cross-section of the stream caused by filling or excavating. ORDINARY HIGH WATERMARK (OHWM): The point on the bank or shore up to which the presence and action of surface water is so continuous so as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or ather easily recognized characteristics. QUALIFIED PROFESSIONAL: A person trained in one ar more of the disciplines of biology, geology, soil science, engineering, or hydrology whose training and experience ensure a competent analysis and assessment of stream, lake, pond and wetland conditions and impacts. REGISTERED PROFESSIONAL ENGINEER: A professional engineer registered under the provisions of "The Illinois Professional Engineering Act" and any act amendatory thereof. RETENTION/ DETENTION FACILITY: A facility that provides for storage of storm water runoff and controlled release of this runoff during and after a flood or storm. RUNOFF: The portion of precipitation on the land that is not absorbed by the soil or plant material and which runs off the land. SEDIMENTATION: The processes that deposit soils, debris, and other materials either on other ground surfaces or in water bodies or watercourses. SETBACK: The horizontal distance between any portion of a structure or any development activity and the ordinary high water mark of a perennial or Page 109 intermittent stream, the ordinary high water mark of a lake or pond, or the edge of a wetland, measured from the structure's or development's closest point to the ordinary high water mark, or edge. STREAM: A body of running water flowing continuously or intermittently in a channel on or below the surface of the ground; 7.5 minute topographic maps of the U.S. Geological Survey are one reference for identifying perennial and intermittent streams. For purposes of this Chapter, the term "stream" does not include storm sewers. STRUCTURE: Anything that is constructed, erected or moved to or from any premises which is located above, on, or below the ground including, but not limited to roads, signs, billboards, and mobile homes. Temporary recreational facilities including, but not limited to, tents, camper trailers, and recreation vehicles aze not considered structures when used less than one hundred eighty (180) days per year and located landward of the minimum setback provided as a natural vegetation strip. VEGETATION: All plant growth, especially trees, shrubs, mosses, and grasses. WATERCOURSE: Any river, stream, creek, brook, branch, natural or artificial depression, ponded area, slough, gulch, draw, ditch, channel, conduit, culvert, Swale, grass waterway, gully, ravine, wash, or natural or man- made drainageway, which has a definite channel, bed and banks, in or into which stormwater runoff and floodwater flow either regularly or intermittently. WETLAND: Those transitional lands between terrestrial and aquatic system where the water table is usually at or near the surface or the land is covered by shallow water. Classification or areas as wetlands shall follow the "Classification of Wetlands and Deepwater Habitats of the United States" as published by the U.S. Fish and Wildlife Service (FWS/OBS- 79/31). 4-10-5: SPECIAL USE PERMIT: To ensure that proposed development activity can be carried out in a manner which is compatible and harmonious with the natural amenities of the Lowland Conservancy Overlay District and with surrounding land uses, a request for a special use permit far such development activity nnust be submitted for approval by the governing body of the Village. No special use permit shall be issued unless the Village finds that: (A) The development will not detrimentally affect or destroy natural Page 110 features such as ponds, streams, wetlands, and forested areas, nor impair their natural functions, but will preserve and incorporate such features into the development's site; (B) The location of natural features and the site's topography have been considered in the designing and sitting of all physical improvements; (C) Adequate assurances have been received that the clearing of the site of topsoil, trees, and other natural features will not occur before the commencement of building operations; only those areas approved for the placement of physical improvements may be cleared; (D) The development will not reduce the natural retention storage capacity of any watercourse, nor increase the magnitude and volume of flooding at other locations; and that in addition, the development will not increase stream velocities; and (E) The soil and subsoil conditions are suitable for excavation and site preparation, and the drainage is designed to prevent erosion and environmentally deleterious surface runoff. There shall be no development, including the immediate or future clearing or removal of natural ground cover and/or trees, within the Lowland Conservancy Overlay District for any purpose, unless a special use permit is granted subject to the provisions of this Chapter or the provisions of the Village Zoning Ordinance. Dumping, filling, mining, excavating, dredging, or transferring of any earth material within the district is prohibited unless a special use permit is granted. No ponds or impoundments shall be created nor other alterations or improvements shall be allowed in the district for recreational uses, storm water management, flood control, agricultural uses or as scenic features unless a special use permit is granted. 4-10-5-1: AFPLICATION FOR PERMIT; FEE: Application for a special use permit shall be made by the owner of the property, or his/her authorized agent, to the Village on a form furnished for that purpose. Each application shall bear the name(s) and address(es) of the owner or developer of the site and of any consulting firm retained by the applicant together with the name of the applicant's principal contact at such firm, Pagelll and shall be accompanied by a filing fee of one hundred dollars ($100.00). Each application shall include certification that any land clearing, construction, or development involving the movement of earth shall be in accordance with the plans approved upon issuance of the permit. 4-10-5-2: SUBMISSIONS: Each application for a special use permit shall be accompanied by the following information as specified in the sections cited: General Provisions: Section Site Development Plan 4-10-6-4 Geologic and Soil Report 4-10-6-5 Drainage Control Plan 4-10-6-6 Site Grading and Excavation Plan 4-106-7 Landscape Plan 4-10-6-8 Justification for Watercourse Relocation and Minor Modifications: Stream Modification/Relocation Plan 4-10-7-2 Channel and Bank Armoring 4-10-7-3 Culverts 4-10-7-4 On-Stream Impoundments 4-10-7-5 Impact Assessment 4-10-8 (at option of the Village) Where a proposed development activity is less than two and one-half (2 1/2) acres in area the Village, upon approval of the Village Engineer, may waive or simplify any or all of the submission requirements provided, that the person responsible for any such development shall implement necessary protection measures to satisfy the purpose and intent set forth in Section 4-10-3 of this Chapter. 4-10-5-3: BONDS: The applicant may be required to file with the Village a faithful performance bond or bonds, letter of credit, or other improvement security satisfactory to the Village Attorney, in an amount deemed sufficient by the Village to cover all costs of improvements, landscaping, or maintenance of improvements and landscaping, far such period as specified by the Village, and engineering and inspection costs to cover the cost of failure or repair of improvements installed on the site. 4-10-5-4: REVIEW AND APPROVAL: Each application for a special use Page 112 permit shall be reviewed and acted upon according to the following procedures: (A) The Village Board will review each application for a special use permit to determine its conformance with the provisions of this Chapter. The Baard may also refer any applicatian to the Will County Soil and Water Conservation District and/or any other local government or public agency within whose jurisdiction the site is located for review and comments. Within thirty (30) days after receiving an applicatian, the Village Board shall in writing: 1) approve the permit application, if it is found to be in canfarrnance with the provisions of this Chapter and issue the permit; 2) approve the permit application subject to such reasonable conditions as may be necessary to secure substantially the objectives of this Chapter, and issue the permit subject to these conditions; or 3) disapprove the permit application, indicating the deficiencies and the procedure for submitting a revised application and/or submission. (B) No special use permit shall be issued for an intended development site unless: 1. The development, including but not limited to subdivisions and planned unit developments, has been approved by the Village where applicable; or 2. Such permit is accompanied by or combined with a valid building permit issued by the Village; or 3. The proposed development is coordinated with any overall development program previously approved by the Village for the area in which the site is situated. (C) Failure of the Village to act on an original or revised application within thirty (30) days of receipt shall authorize the applicant to proceed in accordance with the plans as filed, unless such time is extended by agreement between the Village and the applicant. Pending preparation and approval of a revised plan, development activities shall be allowed to proceed in accordance with conditions established by the Village. 4-10-5-5: PERMIT EXCEPTIONS: The provisions of this Chapter shall not apply to: (A) Emergency work necessary to preserve life or property; when Page 113 emergency work is performed under this Section, the person performing it shall report the pertinent facts relating to the work to the Village within ten (10) days after commencement of the work and shall thereafter obtain a special use permit and shall perform such work as may be determined by the agency to be reasonably necessary to correct any impairment to the watercourse, lake, pond, floodplain or wetland (in terms of the purposes of this Chapter, subsection 4-10-3(A) through (J); (B) Work consisting of the operation, repair, or maintenance of any lawful use of land existing on the date of adoption of the Ordinance codified in this Chapter; (C) Land adjacent to farm ditches if: 1. Such lands are not adjacent to a natural stream or river; or 2. Thase parts of such drainage ditches adjacent to such lands were not streams before ditching; or 3. Such lands aze maintained in agricultural uses without buildings and structures. Where farm ditches are found to contribute to adverse environmental impacts or hazazds or persons ar property, the Village may include designated farm ditches in the District. The Village may also require that linings, bulkheads, dikes and culverts to be removed to mitigate hazazds, or that other mitigative measures be taken, such as the maintenance of a natural vegetation buffer strip. 4-10-5-6: EFFECT ON OTHER PERMITS: The granting of a special use permit under the provisions herein shall in no way affect the owner's responsibility to obtain the approval required by any other statute, ordinance, or regulation of any State agency or subdivision thereof, or to meet other Village ordinances and regulations. Where State and/or Federal permits are required, a special use permit will not be issued until they are obtained. 4-10-6: GENERAL PROVISIONS; AREA AFFECTED: This Chapter applies to development in or near streams, lakes, ponds and wetlands within the Village. Streams, lakes, and ponds (including intermittent streams) aze those which are shown on the United States Department of the Interior Geological Survey (USGS) 7.5 minute quadrangle maps and those Page 114 additional streams, lakes, and ponds delineated on maps adopted as part of this Chapter. Those maps are hereby made a part of this Chapter, and two (2) copies thereof shall remain on file in the office of the Village Clerk for public inspection. Within the jurisdiction of the Village, those waterbodies and watercourses that are named and are subject to the provisions of this Chapter are: (list of waterbodies and watercourses). Wetlands are those designated in the U.S. Fish and Wildlife Service/Illinois Department of Conservation wetland inventory and those additional wetlands delineated on maps adopted as part of this Chapter. If new drainage courses, lakes, ponds or wetlands are created as part of a development, the requirements for setbacks and uses within setbacks, and the criteria far watercourse relocation and minor modification shall apply. The District shall be amended as appropriate to include these areas. 4-10-6-1: LOWLAND CONSERVANCY OVERLAY DISTRICT: The Lowland Conservancy Overlay District shall be considered as an overlay to the zoning districts created by the Village Zoning Ordinance as amended. In addition to the requirements of this Chapter, applicants for a special use permit within the District shall meet all requirements of the underlying zoning districts. In the event of a conflict between the overlay district requirements and the underlying zoning district requirements, the most restrictive requirements prevail. 4-10-6-2: DISTRICT BOUNDARY: The procedures, standards and requirements contained in this Chapter shall apply to all lots within wetlands and streams, and all lots lying wholly or in part: (A) Within the special flood hazard area (SFHA) designated by the Federal Emergency Management Agency (FEMA); or (B) Within one hundred feet (100') of the ordinary high water mark (OHWM) of a perennial stream or internuttent stream, the ordinary high watermark of a lake or pond, or the edge of a wetland; or (C) Within depressional areas serving as floodplain or stormwater storage areas, as designated on the Lowland Conservancy District Map. The District is designated on a map labeled "Lowland Conservancy Overlay District Map", which is made to be part of this Chapter and which has the same force and effect as if all the notations, references, and descriptions shown thereon were set forth or described herein. Designated areas are shown on said Map which shall be and remain on file in the Page 115 office of the Village Clerk, and additional areas may be approved from time to time and be made exhibits hereto. 4-10-6-3: MINIMUM SETBACK OF DEVELOFMENT ACTIVITY FROM STREAMS: (A) Minimum Setback: Absolutely no development activity (except as provided below) may occur within the minimum setback which is defined as seventy five feet (75') from the ordinary high water mark of streams, lakes and ponds, or the edge of wetlands, or within a designated depressional area. In no case shall the setback be less than the boundary of the 100-year flondway as defined by FEMA. These setback requirements do not apply to a stream in a culvert unless the stream is taken out of the culvert as part of development activity. If a culvert functions as slow-flow culvert, where water is intended to periodically flow over it, the setback requirements apply. (B) Development Activities: The following development activities may be permitted, subject to issuance of a special use permit, within the minimum setback areas only if, as a practical matter, they cannot be located outside the setback area. Such development activities will only be approved based upon a report, prepared by a qualified professional, which demonstrates that they will not adversely affect water quality; destroy, damage or disrupt significant habitat area, adversely affect drainage and/or stormwater retention capabilities; adversely affect flood conveyance and storage; lead to unstable earth conditions, create erosion hazards, or be materially detrimental to any other property in the area of the subject property or to the Village as a whole, including the lass of open space or scenic vistas: 1. Minor improvements such as walkways, benches, comfort stations, informational displays, directional signs, foot bridges, observation decks, and docks; 2. The maintenance, repair, replacement, and reconstruction of existing highways and bridges, electrical transmission and telecommunication lines, poles, and towers; and 3. The establishment and development of public and private parks and recreation areas, outdoor education areas, historic natural and scientific areas, game refuges, fish and Fage 116 wildlife improvement projects, game bird and animal farms, wildlife preserves and public boat launching ramps. (C) Considerations: Review of the proposed development activity within the minimum setback area will consider the following: 1. Only limited filling and excavating necessary for the development of public boat launching ramps, swimming beaches, or the development of park shelters or similar structures is allowed. The development and maintenance of roads, parking lots and other impervious surfaces necessary for permitted uses are allowed only on a very limited basis, and where no alternate location outside of the setback area is available. 2. Land surface modification within the minimum setback shall be permitted for the development of stormwater drainage swales between the developed area of the site (including a stormwater detention facility on the site) and a stream, lake or pond, or wetlands detention basins within the setback are generally discouraged, unless it can be shown that resultant modification will not impair water quality, habitat, or flood storage functions. 3. No filling or excavating within wetlands is permitted except to install piers for the limited development of walkways and observation decks. Walkways and observation decks should avoid high quality wetland areas, and should not adversely affect natural areas designated in the Illinois Natural Areas Inventory or the habitat of rare or endangered species. 4. Wetland area occupied by the development of decks and walkways must be mitigated by an equal area of wetland habitat improvement. 5. Modification of degraded wetlands for purposes of stormwater management is permitted where the quality of the wetland is improved and total wetland acreage is preserved. Where such modification is permitted, wetlands shall be protected from the effects of increased stormwater runoff by measures such as detention or sedimentation basins, vegetated swales and buffer strips, and sediment and erosion control measures on adjacent Page 117 developments. the direct entry of storm sewers into wetlands shall be avoided. Environmental impact analysis of wetland modification may be required in accordance with Section 4-10-5 of this Chapter. (D) Applicants For Special Use Permit: 1. An applicant for a special use permit must stabilize areas left exposed after land surface modification with vegetation normally associated with that stream or wetland. The planting of native riparian vegetation is recommended as the preferred stabilization measure. Other techniques should be used only when and where vegetation fails to control erosion. The preferred alternative is riprap, using natural rock materials where practicable, installed on eroding bank areas in a manner that provides interstitial space for vegetative growth and habitat for macroinvertebrates and other stream organisms. Lining of the stream channel bottom is not permitted. 2. The applicant shall minimize access to the applicant's proposed development activity within all or part of the Lowland Conservancy Overlay District where such access could adversely affect the stream, lake, pond, wetland, or related environmentally sensitive areas. 4-10-6-4: SITE DEVELOPMENT PLAN: A site development plan must be prepared for any proposed development within, or partly within, the Lowland Conservancy Overlay District and must indicate: (A) Dimension and area of parcel, showing also the vicinity of the site in sufficient detail to enable easy location, in the field, of the site for which the special use permit is sought, and including the boundary line, underlying zoning, a legend, a scale, and a north arrow (this requirement may be satisfied by the submission of a separate vicinity map); (B) Location of any existing and proposed structures; (C) Location of existing or proposed on-site sewage systems or private water supply systems; Page 118 (D) Location of any perennial or intermittent stream, lake or pond, and its ordinary high water mark; (E) Location and landward limit of all wetlands; (F) Location of setback lines as defined in this Chapter; (G) Location of the 100-year floodway; (H) Location of existing or future access roads; (1) Specifications and dimensions of stream, wetland or other water areas proposed for alterations; (J) Cross-sections and calculations indicating any changes in flood storage volumes; and (K) Such other information as reasonably requested by Village. The applicant shall present evidence, prepared by a qualified professional, that demonstrates that the proposed development activity will not endanger health and safety, including danger from the obstruction or diversion of flood flow. The developer shall also show, by submitting appropriate calculations and resource inventories, that the proposed development activity will not substantially reduce natural floodwater storage capacity, destroy valuable habitat for aquatic or other flora and fauna, adversely affect water quality or ground water resources, increase stormwater runoff velocity so that water levels on other lands are substantially raised or the danger from flooding increased, or adversely impact any other natural stream, floodplain, or wetland functions, and is otherwise consistent with the intent of this Chapter. 4-10-6-5: GEOLOGIC AND SOIL CHARACTERISTICS; REPORT: The site proposed far development shall be investigated to determine the soil and geologic characteristics, including soil erosion potential. A report, prepared by a licensed professional engineer, geoscientist, or soil scientist experienced in the practice of geologic and soil mechanics, shall be submitted with every application for land development within the Lowland Conservancy Overlay District. This report shall include a description of sail type and stability of surface and subsurface conditions. Any area which the investigation indicates as being subject to geologic or soil hazards shall not be subjected to development, unless the engineer or soil scientist can demonstrate conclusively that these hazards can be overcame. Page 119 4-10-6-6: HYDROLOGIC CONTROLS/DRAINAGE CONTROL PLAN: A drainage control plan that describes the hydraulic characteristics of on- site and nearby watercourses as well as the proposed drainage plan, prepared by a registered professional engineer experienced in hydrology and hydraulics, shall be submitted with each application for land development within the Lowland Conservancy Overlay District. Unless otherwise noted, the following restrictions, requirements and standards shall apply to all development within the Lowland Conservancy Overlay District: (A) Natural open-channel drainageways shall be preserved; and (B) Runoff from areas of concentrated impervious cover (e.g., roofs, driveways, streets, patios, etc.) shall be collected and transported to a drainageway (preferably a natural drainageway) with sufficient capacity to accept the discharge without undue erosion or detrimental impact. Vegetated drainage swales are preferred over conveyances constructed of concrete or other manufactured materials. The drainage control plan shall identify appropriate measures, such as recharge basins and detention/retention basins, which will limit the quantitative and qualitative effects of starmwater runaff to pre- development conditions. 4-10-6-7: SITE GRADING AND EXCAVATION PLAN: Section 4-10-6-7 applies to the extent that grading and excavation and erosion control plans, which satisfy the following requirements, are not already required by a jurisdiction. (A) Application; Contents of Plan: A site grading and excavation plan, prepared by a registered professional engineer, trained and experienced in civil engineering, shall be submitted with each application for a special use permit and shall include the following: 1. Details of the existing terrain and drainage pattern with one foot (].') contours; 2. Proposed site contours at one foot (1') intervals; 3. Dimensions, elevation and contours of grading, excavation and fill; Page 120 4. A description of methods to be employed in disposing of soil and other materials that is removed from allowable grading and excavation sites, including location of the disposal site if an the property; 5. A schedule showing when each stage of the project will be completed, including the total area of soil surface to be disturbed during each stage, and estimated starting and completion dates. The schedule shall be prepared so as to limit, to the shortest possible period, the time soil is exposed and unprotected. In no case shall the existing natural vegetation be destroyed, removed ar disturbed more than fifteen (15) days prior to initiation of the improvements; and 6. A detailed description ofthe re-vegetation and stabilization methods to be employed, to be prepared in conjunction with the landscape plan per Section 4-10-6-8. This description should include locations of erosion control measures such as sedimentation basins, straw bales, diversion swales, etc. (B) Compliance With Chapter: The grading and excavation plan must be consistent with all the provisions of this Chapter. (C) Restrictions and Requirements: Unless otherwise provided in this Chapter, the following restrictions, requirements and standards shall apply to all development within the District: 1. Every effort shall be made to develop the site in such a manner so as to minimize the alteration of the natural tapagraphy; 2. No grading, filling, cleaning, clearing, terracing or excavation of any kind shall be initiated until final engineering plans are approved and the special use permit is granted by the Village; and 3. The depositing of any excavation, grading or clearing material within a staream, lake, pond or wetland area (i.e., within the District) shall be prohibited. Page 121 (D) Installation of Physical Barrier: In addition to locating all site improvements on the subject property to minimize adverse impacts on the stream, lake, pond, or wetland, the applicant shall install a berm, curb, or other physical barrier during construction, and following completion of the project, where necessary, to prevent direct runoff and erosion from any modified land surface into a stream, lake, pond, or wetland. All parking and vehicle circulation areas should be located as far as possible fram a stream, lake, pond or wetland. (E) Limit Activity: The Village may limit development activity in or near a stream, lake, pond, or wetland to specific months, and to a maximum number of continuous days or hours, in order to minimize adverse impacts. Also, the Village may require that equipment be operated from only one side of a stream, lake, or pond in order to minimize bank disruption. Other development techniques, donations, and restrictions maybe required in order to minimize adverse impacts on streams, lakes, ponds ar wetlands, and on any related areas not subject to development activity. 4-10-6-8: NATURAL VEGETATION BUFFER STRIP REQUIRED: To minimize erosion, stabilize the streambank, protect water quality, maintain water temperature at natural levels, preserve fish and wildlife habitat, to screen man-made structures, and also to preserve aesthetic values of the natural watercourse and wetland areas, a natural vegetation strip shall be maintained along the edge of the stream, lake, pond or wetland. The natural vegetation strip shall extend landward a minimum of twenty five feet (25') from the ordinary high water mark of a perennial or intermittent stream, lake or pond and the edge of a wetland. Within the natural vegetation strip, tress and shrubs may be selectively pruned or removed for harvest of merchantable timber, to achieve a filtered view of the waterbady from the principal structure and for reasonable private access to the stream, lake, pond or wetland. Said pruning and removal activities shall ensure that a live root system stays intact to provide for streambank stabilization and erosion control. A landscape plan, prepared by a professional landscape architect, shall be submitted with each special use permit application for development activity within the Lowland Conservancy Overlay District and contain the fallowing: (A) A plan describing the existing vegetative cover of the property and showing those areas where the vegetation will be removed as part Page 122 of the proposed construction; and (B) A plan describing the proposed re-vegetation of disturbed areas specifying the materials to be used. The vegetation must be planned in such a way that access for stream maintenance purposes shall not be prevented. 4-10-7: WATERCOURSE RELOCATION AND MINOR MODIFICATIONS: Watercourse relocation or modification is generally not permitted because these activities are not usually consistent with the purposes of this Chapter. Under certain circumstances, relocation and minor modification may be permitted through a special use permit where certain problems can be mitigated by relocation and/or minor modification, specifically when: (A) Off-site hydrologic conditions are causing erosion, flooding and related problems; ar (B) On-site soil and geologic conditions are resulting in unstable conditions that pose hazards to life, health, and existing structures or property; or (C) The quality of previously modified or relocated streams can be improved through restoration; or (D) Officially adopted stormwater management plans call far placement of detention ar retention facilities in a stream; or (E) Public utilities, including sanitary sewers, pipelines, and roadways require stream crossing or relocation where there are not practical alternatives. Modifications of watercourses as a convenience for site design purposes is not permitted. 4-10-7-1: PERMITTING STREAM MODIFICATION: Stream modification, when permitted, is subject to the following conditions and restrictions: (A) Water quality, habitat and other natural functions must be significantly improved by the madification; na significant habitat area may be destroyed; (B) The amount of flow and velocity of a stream is not to be increased or decreased as the stream enters or leaves a subject property, unless this reflects an improvement aver previous conditions in Page 123 terms of reduced flooding, reduced erosion, or enhanced low-flow conditions; (C) Prior to diverting water into anew channel, a qualified professional approved by the Village shall inspect the stream modification, and issue a written report to the Village that the modified stream complies with the requirements of Section 4-10- 7-2; and (D) Stream channel enlargement, or other modifications that would increase conveyance, shall not be permitted if the intended purpose is to accommodate development activities in the floodplain. 4-10-7-2: CONTENT OF STREAM MODIFICATION/RELOCATION PLAN: Stream relocation may be permitted in accordance with a stream relocation plan which provides for: (A) The creation of a natural meander pattern, pools, riffles, substrate; (B) The formation of gentle side slopes (at least 3 feet horizontally per 1 foot vertically), including installation of erosion control features; (C) The utilization of natural materials wherever possible; (D) The planting of vegetation normally associated with streams, including primarily native riparian vegetation; (E) The creation of spawning and nesting areas wherever appropriate; (F) The reestablishment of the fish population wherever appropriate; (G) The restoration of water flow characteristics compatible with fish habitat areas, wherever appropriate; (H) The filling and re-vegetation of the prior channel; (I) A proposed phasing plan, specifying time of year for all project phases; (J) Plans for sediment and erosion control; and (K) Establishment of a low-flow channel which reflects the conditions of a natural stream. Page 124 4-10-7-3: ARMORING OF CHANNELS AND BANKS: Armoring in the form of bulkheads, riprap or other materials or devices is not permitted except in accordance with the following: (A) Significant erosion cannot be prevented in any other way and the use of vegetation and gradual bank slopes has not sufficiently stabilized the shoreline or bank; (B) The bulkhead or other device is not placed within a wetland, or between a wetland and a lake or pond; (C) The bulkhead, riprap or other device will minimize the transmittal of wave energy or currents to other properties; and (D) The exchange in the horizontal or vertical configuration of the land must be kept to a minimum. Where permission to install bulkheads or other armoring devices is requested as part of the special use permit application, documentation and certification pertaining to the items above must be submitted. 4-10-7-4: USE OF CULVERTS: Culverts are not permitted in streams except in accordance with the following: (A) Where a culvert is necessary for creating access to a property; use of culverts as a convenience, in order to facilitate general site design, is not to be considered. (B) The culvert must allow passage of fish inhabiting the stream, and accommodate the 100-year flood event without increasing upstream flooding, except where a restricting culvert is desirable as part of an overall storm and floodwater management plan; (C) The culvert must be maintained free of debris and sediment to allow free passage of water, and if applicable, fish; and (D) The stream bottom should not be significantly widened for the placement of a culvert as this increases siltation; if multiple culverts must be installed, one culvert should be at the level of the bottom of the stream and the others at or above normal water elevation. 4-10-7-5: ON-STREAM IMPOUNDMENTS: Impoundment of streams is not permitted except in accordance with the following: Page 125 (A) The impoundment is determined to be in the public interest by providing regional stormwater detention, flood control, or public recreation; (B) The impoundment will not prevent the upstream migration of indigenous fish species; (C) A nonpoint source control plan has been implemented in the upstream watershed to control the effects of sediment runoff as well as minimized the input of nutrients, oil and grease, metals, and other pollutants; (D) Impoundments without permanent low-flow pools are preferred except where a permanent pool is necessary to achieve the intended benefits of the impoundment (e.g., recreation or water quality mitigation); and (E) Impoundment design shall include gradual bank slopes, appropriate bank stabilization measures, and apre-sedimentation basin. 4-10-8: IMPACT ASSESSMENT: The Village may ask an applicant to submit a report prepared by a qualified professional, and approved by the Village, in order to assess the potential impact of proposed development on a lake, stream or wetland and associated environmentally sensitive areas, including loss of flood storage potential, loss of habitat, changes in species diversity and quantity, impacts on water quality, increases in human intrusion, and impacts on associated streams, lakes, ponds, wetlands or downstream areas. 4-10-9: STREAM MAINTENANCE EASEMENT: The applicant shall grant an access easement for stream maintenance purposes to the Village over twenty five feet (25') parallel to the stream bank. 4-10-10: BONDS: The Village may required the posting of a bond or surety to ensure compliance with any aspect of this Chapter. 4-10-11: LIABILITY: Prior to issuance of a construction permit, the applicant shall enter into an agreement with the Village which runs with the property, in a form acceptable to the Village Attorney, indemnifying the Village for any damage resulting from development activity on the subject property which is related to the physical condition ofthe stream or wetland. 4-10-12: SEPARABILITY: Every section, provision, or part of this Chapter Page ] 26 is declared separable from every other section, provision, or part; and if any section, provision, or part thereof shall be held invalid, it shall not affect any other section, provision, or part. 4-10-13: RETROACTIVITY: The requirements of this Chapter apply to all platted and unplatted lands within the jurisdiction of the Village. 4-10-14: ENFORCEMENT: Authority for administration of this Chapter resides with the Village Board. 4-10-15: STOP-WORK ORDER; REVOCATION OF PERMIT: In the event any person holding a special use permit pursuant to this Chapter violates the terms of the permit, or carries on-site development in such a manner so as to materially an adversely affect the health, welfare, or safety of persons residing or working in the neighborhood of the development site, or so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the Village may suspend or revoke the special use permit. (A) Suspension of a permit shall be by a written stop-work order issued by the Village and delivered to the permittee or his agent or the person performing the work. The stop-work order shall be effective immediately, shall state the specific violations cited, and shall state the conditions under which work may be resumed. A stop-work order shall remain in effect until the next regularly scheduled meeting of the Village Board, at which the conditions of subsection (B) below can be met. (B) No special use permit shall be permanently suspended or revoked until a hearing is held by the Village Board. Written notice of such hearing shall be served on the permittee, either personally or by registered mail, and shall state: 1. The grounds for complaint or reasons for suspension or revocation, in clear and concise language; and 2. The time when and place where such hearing will be held. Such notice shall be served on the permittee at least five (5) days prior to the date set for the hearing. At such hearing, the pernuttee shall be given an opportunity to be heard and may call witnesses and present evidence on his/her behalf At the conclusion of the hearing the Village Board shall determine whether the permit shall be suspended ar revoked. Page 127 4-10-16: VIOLATIONS AND PENALTIES: No person shall undertake or continue any development activity contrary to or in violation of any terms of this Chapter. Any person violating any of the provisions of this Chapter shall be deemed guilty of an ordinance violation, and each day during which any violation of any of the provisions of this Chapter is committed, continued, or permitted shall constitute a separate offense. Upon conviction of any such violation, such person, partnership, ar corporation shall be punished by a fine of not more than seven hundred and fifty dollars ($750.00) far each offense. In addition to any other penalty authorized by this Section, any person, partnership, or corporation convicted by violating any of the provisions of this Chapter shall be required to restore the site to the condition existing prior to commission of the violation, or to bear the expense of such restoration. 4-10-17: EFFECTIVE DATE: This ordinance shall be in full force and effect from and after its passage and approval and publication, as required by law. This ordinance shall be numbered as Ordinance No. 1749 . Page 128 Section 3-9-4: STORMWATER DRAINAGE & DETENTION ORDINANCE NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD, WILL COUNTY, ILLINOIS, AS FOLLOWS: 100.0 Authority and Purpose This ordinance is enacted pursuant to the police powers granted to Will County, Village of Plainfield, by the Illinois Compiled Statutes (Chapter 65, Sections 5\1 l - 12-5,6 and 12; 5\11-13-1; 11-14-1; 5\11-30-2 and 8; 5\11-105-1; 5\11-109-1; 5\11-110-1; and Chapter 50, Section. 815\1.) The purpose of this ordinance is to diminish threats to public health, safety and welfare caused by runoff of excessive stormwater from new development and redevelopment in the Village. This excessive stormwater could result in the inundation of damageable properties, the erasion and destabilization of downstream channels, and the pollution of valuable stream and lake resources. The cause of increases in stormwater runoff quantity and rate and impairment of quality is the development and improvement of land and as such this ordinance regulates these activities to prevent adverse impacts. This ordinance is adopted to accomplish the following objectives: 100.1 To insure that new development does not increase the drainage or flood hazards to others, or create unstable conditions susceptible to erosion; 100.2 To protect new buildings and major improvements to buildings from flood damage due to increased stormwater runoff; 100.3 To protect human life and health from the hazards of increased flooding on a watershed basis; 100.4 To lessen the burden on the taxpayer for flood control projects, repairs to flood damaged public facilities and utilities, correction of channel erasion problems, and flood rescue and relief operations caused by increased stormwater runoff quantities from new development; 100.5 To protect, conserve, and promote the orderly development of land and water resources; Page 129 100.6 To preserve the natural hydrologic and hydraulic functions of watercourses and flood_plains and to protect water quality and aquatic habitats; 100.7 To preserve the natural characteristics of stream corridors in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat. 100.8 To enhance community aesthetics by promoting establishment of nontidal wetlands for recreational, environmental and ecological benefits. 200.0 Definitions 200.1 ADVERSE IMPACTS: Any deleterious impact on water resources or wetlands affecting their beneficial uses including recreation, aesthetics, aquatic habitat, quality, and quantity. 200.2 APPLICANT: Any person, firm, or governmental agency who executes the necessary forms to procure official approval of a development or permit to carry out construction of a development from the Village of Plainfield. 200.3 BASE FLOOD ELEVATION: The elevation at all locations delineating the level of flooding resulting from the 100 year frequency flood event. 200.4 BEST MANAGEMENT PRACTICE (BMP): A measure used to control adverse stormwater-related effects. BMPs include devices such as swales, filter strips, infiltration trenches, and detention basins designed to remove pollutants, reduce runoff rates and volumes, and protect aquatic habitats. 200.5 BYPASS FLOWS: Stormwater runoff from upstream properties tributary to a property's drainage system but not under its control. 200.6 CHANNEL: Any river, stream, creek, brook, branch, natural or artificial depression, ponded area, flowage, slough, ditch, conduit, culvert, gully, ravine, wash, or natural or manmade drainageway, which has a definite bed and bank or shoreline, in or into which surface or groundwater flaws, either perennially or intermittently. 200.7 CHANNEL MODIFICATION: Alteration of a channel by changing the physical dimensions or materials of its bed or banks. Channel modification includes damming, riprapping (or other armoring), widening, deepening, straightening, relocating, lining, and significant removal of bottom or woody rooted vegetation. Channel modification does not Page 130 include the clearing of debris or removal of trash. 200.8 COMPENSATORY STORAGE: An artificially excavated, hydraulicly equivalent volume of storage within the floodplain used to balance the loss of natural flood storage capacity when fill or structures are placed within the floodplain. 200.9 CONDUIT: Any channel, pipe, sewer or culvert used for the conveyance or movement of water, whether open or closed. 200.10 DETENTION BASIN: A facility constructed or modified to provide for the temporary storage of stormwater runoff and the controlled release by gravity of this runoff at a prescribed rate during and after a flood or storm. 200.11 DETENTION TIME: The mean residence time of stormwater in a detention basin. 200.12 DEVELOPMENT: Any man-made change to real estate, including; a. Preparation of a plat or subdivision; b. Construction, reconstruction or placement of building or any addition to a building; c. Installation of a manufactured home on a site, preparing a site Far a manufactured home, or installing a travel trailer on a site for more than 180 days; d. Construction of roads, bridges, or similar projects; e. Redevelopment of a site; f. Filling, dredging, grading, clearing, excavating, paving, or other non-agricultural alterations of the ground surface; g. Storage of materials or deposit of solid or liquid waste; and h. Any other activity that might alter the magnitude, frequency, deviation, direction, or velocity of stormwater flows from a property. 200.13 DRAINAGE PLAN: A plan, including engineering drawings and supporting calculations, which describes the existing stormwater drainage Page 131 system and environmental features, as well as the drainage system and environmental features which are proposed after development of a property. 200.14 DRY BASIN: A detention basin designated to drain completely after temporary storage of stormwater flows and to normally be dry over the majority of its bottom area. 200.15 EROSION: The general process whereby earth is removed by flowing water or wave action. 200.16 EXCESS STORMWATER RUN-OFF: The volume and rate of flow of stormwater discharged from an urbanized drainage area which is or will be in excess of that volume and rate which pertained before urbanization. 200.17 FLOODPLAIN: The land adjacent to a body of water with ground surface elevations at or below the base flood or the 100-year frequency flood elevation. The floodplain is also known as the Special Flood Hazard Area (SFHA). 200.18 FLOOD FRINGE: That portion of the floodplain outside of the regulatory floodway. 200.19 FLOODWAY: The channel and that portion of the floodplain adjacent to a stream or watercourse which is needed to store and convey the anticipated existing and future 100-year frequency flood discharge with no more than a 0.1 foot increase in stage due to any lass of flood conveyance or storage and no mare than a ten percent increase in velocities. 200.20 HYDROGRAPH: A graph showing far a given location on a stream or conduit, the flow rate with respect to time. 200.21 INFILTRATION: The passage or movement of water into the soil surfaces. 200.22 MAJOR DRAINAGE SYSTEM: That portion of a drainage system needed to stare and convey flows beyond the capacity of the minor drainage system. 200.23 MINOR DRAINAGE SYSTEM: That portion of a drainage system designed for the convenience of the public. It consists of street gutters, storm sewers, small open channels, and swales and, where manmade, is designed to handle a minimum of the 10-yeaz runoff event. Page 132 200.24 MITIGATION: Mitigation includes those measures necessary to minimize the negative effects which stormwater drainage and development activities might have on the public health, safety and welfare. Examples of mitigation include compensatory storage, soil erosion and sedimentation control, and channel restoration. 200.25 NATURAL: Conditions resulting from physical, chemical, and biological processes without intervention by man. 200.26 ONE HUNDRED-YEAR EVENT: A rainfall, runoff, or flood event having a one percent change of occurring in any given year. 200.27 POSITIVE DRAINAGE: Provision for overland paths for all areas of a property including depressional areas that may also be drained by storm sewer. 200.28 PEAK FLOW: The maximum rate of flow of water at a given point in a channel or conduit. 200.29 PROPERTY: A parcel of real estate. 200.30 REGULATORY FLOODWAY: The channel, including on-stream lakes, and that portion of the floodplain adjacent to a stream or watercourse as designated by DWR, which is needed to store and convey the existing and anticipated future 100-year frequency flood discharge with no mare than a 0.1 foot increase in stage due to the loss of flood conveyance or storage, and no more than a ten percent increase in velocities. The regulatory floodways are designated for the DuPage River, Lily Cache Creek, Snringhole Creek, East Norman Drain, and West Norman Drain, on the Flood Boundary and Floodway Map prepared by FEMA (or Department of Housing and Urban Development) and dated September 6, 1995. The regulatory floodways for those parts of unincorporated jurisdiction of the Village that may be annexed into the Village are designated for the DuPage River, Lily Cache Creek, Sprin ole Creeks East Norman Drain and West Norman Drain on the Flood Boundary and Floodway map prepared by FEMA (or department of Housing and Urban Development) and dated September 6, 1995. To locate the regulatory floodway boundary on any site, the regulatory floodway boundary should be scaled off the regulatory floodway map and located on a site plan, using reference marks common to both maps. Where interpretation is needed to determine the exact location of the regulatory floodway boundary, the Division should be contacted for the interpretation. 200.31 RETENTION BASIN: A facility designed to completely retain a specified Page 133 amount of stormwater runoff without release except by means of evaporation, inf ltration, emergency bypass or pumping. 200.32 SEDIMENTATION: The process that deposits soils, debris, and other materials either on other ground surfaces or in bodies of water or stormwater drainage systems. 200.33 STORMWATER DRAINAGE SYSTEM: All means, natural or man- made, used far conducting stormwater to, through or from a drainage area to the point of final outlet from a property. The starmwater drainage system includes but is not limited to any of the following: conduits and appurtenance features, canals, channels, ditches, streams, culverts, streets, storm sewers, detention basins, swales and pumping stations. 200.34 STORMWATER RUNOFF: The waters derived from melting snow or rain falling within a tributary drainage basin which are in excess of the infiltration capacity of the soils of that basin, which flow over the surface of the ground or are collected in channels or conduits. 200.35 STORM SEWER: A closed conduit for conveying collected stormwater. 200.36 TIME OF CONCENTRATION: The elapsed time for stormwater to flow from the most hydraulicly remote point in a drainage basin to a particular point of interest in that watershed. 200.37 TRIBUTARY WATERSHED: All of the land surface area that contributes runoff to a given point. 200.38 TWO-YEAR EVENT A runoff, rainfall, or flood event having a fifty percent chance of occurring in any given year. 200.39 WET BASIN: A detention basin designed to maintain a permanent pool of water after the temporary storage of stormwater runoff. 300.0 Starmwater Detention A combination of storage and controlled release of stormwater runoff shall be required for all non-residential developments of two or more acres, for all multi-family developments of two or more acres, all single family subdivisions of five ar more acres, and for all sites involving improvements which have and will have impervious areas of 50% of gross lot area or greater. In cases where improvements will be made to facilities existing prior to the date of this ordinance, the percent of imperviousness will be based on the entire parcel. If this percentage is 50% ar greater, the Page 134 storm water detention requirement shall be applied only to the portion of the parcel being improved. For properties which are not required to have stormwater release and storage structures per this section, Best Management Practices, for pollutant removal and runoff minirnizatian should be applied. 400.0 Draina a Plan Submittal Re uirements Each applicant shall submit the following information, depending on development size, to ensure that the provisions of this ordinance are met. The submittal shall include sufficient information to evaluate the environmental characteristics of the property, the potential adverse impacts of the development on water resources both on-site and downstream, and the effectiveness of the proposed drainage plan in managing stormwater runoff. The applicant shall certify on the drawings that all clearing, grading, drainage, and construction shall be accomplished in strict conformance with the drainage plan. The following information shall be submitted for both existing and proposed property conditions. All information and data required and submitted shall be prepared by and bear the seal of registered Illinois Professional Engineer. Properties smaller than 10 acres shall submit only the Basic Drainage Plan called for in Section 401.0. Properties larger than 10 acres shall comply with the submittal requirements of both the Basic Drainage Plan and the Advanced Drainage Plan of Section 402.0. 401.0 Basic Draina eg Plan 401.1 Topographic Map: A topographic survey of the property at one-foot contours under existing and proposed conditions, and areas upstream and downstream, necessary to determine off-site impacts of the proposed drainage plan. The map shall be keyed to a consistent datum specified by the Village of Plainfield. 401.2 Drainage System: Mapping and descriptions, where relevant, of existing and proposed drainage system features of the property and immediate vicinity including: a. the banks and centerline of streams and channels; b. shoreline of lakes, ponds, and detention basins; farm drains and tiles; Page 135 d. sub-watershed boundaries within the property; e. watershed soils classifications; f. the property's location within the larger watershed; g, location, size and slope of stormwater conduits and drainage swales; h. sanitary sewers; i. depressional storage areas; j, delineation of upstream and downstream drainage features and watersheds which might be affected by the development; k. detention facilities; 1. roads and streets and associated stormwater inlets; m. base flood elevation, and regulatory floodway where identified for the property; and n. basis of design for the final drainage network components. 401.3 Environmental Features: A depiction of environmental features of the property and immediate vicinity including the following: a. the limits of wetland areas; b. any designated natural areas; and c. any proposed environmental mitigation features. 402.0 Advanced Draina a Plan The same information as required in Section 401.0 is required for properties larger than 10 acres along with the following additional information for the minor drainage system's design runoff event and the 100-year event of critical duration: a. elevations and maps of 100-year flooding; Page 136 b. cross-section data for open channel flow paths and designated overland flow paths; c. direction of stormflows; d. flow rates and velocities at representative points in the drainage system; and e. a statement by the design engineer of the drainage system's provisions for handling events greater than that 100-year's runoff. 500.0 Minimization of Increases in Runoff Volumes and Rates It is the policy of the Plan Commission to encourage design of storm water runoff systems that help retain and maximize the ground water recharge capacity of the area being developed. Wherever possible the subdivider shall give consideration to providing compensatory recharge for the reduction in percolation which occurs when ground surface is paved or roofed over. The use of natural gravel deposits for the lower portions of storm runoff storage areas, the flattening of drainage slopes and the retention of natural topography are examples of possible recharge methods. In the selection of a drainage plan for a development, the applicant shall evaluate and implement, where practicable, site design features which minimize the increase in runoff volumes and rates from the site. The applicant's drainage plan submittal shall include evaluations of site design features which are consistent with the following hierarchy: 1. Minimize impervious surfaces on the property, consistent with the needs of the project; 2. Attenuate flows by use of open vegetated swales and natural depressions so as to reduce runoff rates and volumes, protect aquatic habitats and remove pollutants, and preserve existing natural stream channels; 3. Infiltrate runoff on-site; 4. Provide stormwater retention structures; 5. Utilize wetland detention basins; 6. Provide stormwater detention structures; and Page 137 7. Construct storm sewers. 600.0 Water uali and Multi le Uses The drainage system should be designed to minimize adverse water quality impacts downstream and on the property itself. Detention basins shall incorporate design features to capture stormwater runoff pollutants and preference shall be given to wetland systems and wet basins over dry basin designs. Retention and infiltration of stormwater shall be promoted throughout the property's drainage system to reduce the volume of stormwater runoff and to reduce the quantity of runoff pollutants. Best Management Practices (BMP) including structural devices (e.g. swales, filter strips, infiltration trenches, and detention basins) designed to remove pollutants, reduce runoff rates and volumes, and protect aquatic habitats shall be used. All flows from the site shall be routed through the basin(s). The drainage system should incorporate multiple uses where practicable. Uses considered compatible with stormwater management include open space, aesthetics, aquatic habitat, recreation (boating, trails, playing fields), wetlands and water quality mitigation. The applicant should avoid using portions of the property exclusively for stormwater management. 700.0 Desi n Criteria Standards and Methods 701.0 Release Rates: a. The drainage system for a property shall be designed to control the peak rate of discharge from the property for the two-year, 24-hour and 100-year, 24-hour events to levels which will not cause an increase in flooding or channel instability downstream when considered in aggregate with other developed properties and downstream drainage capacities. The peak discharge from events less than or equal to the two-year event shall not be greater than 0.04 cfs per acre of property drained. The peak 100-year discharge shall not be greater than 0.15 cfs per acre of property drained. The peak 100-year discharge shall not be greater than 0.15 cfs per acre of property drained. b. Should downstream sewers, streams and channels be found by the Village Engineer to be inadequate to receive the release rate provided herein, the allowable release rate shall be reduced to that rate permitted by the receiving downstream sewers and channels. Page 13$ Additional detention, as determined by the Village Engineer, shall be required to store that portion of the runoff exceeding the capacity of the receiving sewers and channels. 701.1 Detention Basin Outlet Design: Backwater an the outlet structure from the downstream drainage system shall be evaluated when designing the outlet. 702.0 Detention Storage Requirements: The design maximum storage to be provided in a detention basin shall be based on the runoff from the 100- year, 24-hour event and reservoir (also called modified plus or level pool) routing or equal. Detention storage shall be computed using hydrograph methods as described in this section. 703.0 Drainage System Design and Evaluation: The following criteria should be used in evaluating and designing the drainage system. The underlying objective is to provide capacity to pass the 10-year peak flow in the minor drainage system and an overload flow path for flows in excess of the design capacity. 703.1 Design Methodologies: a. Major and minor conveyance systems for all developments ten acres or less may be designed using the Rational Method with a release rate not to exceed 0.15 cfs/acre for the 100-year storm. b. Major drainage systems for all developments greater than ten acres must be designed by Runoff Hydrograph methods as described in Section 704.0 with release rates not to exceed 0.04 cfs/acre for the 2-yeaz storm and 0.15 cfs/acre for the 100-year storm, except where it can be shown that said methods result in a greater than ten percent loss of developable land (gross-acreage less any floodplaln, wetlands, ar other areas recognized as undevelopable by the Board) in which case requirements for developments ten acres or less shall be followed. c. The Rational Method may be used in sizing the minor drainage system for all sites. d: If in the opinion of the Village Engineer release rates less than those outlined above are required due to downstream conveyance limitations, those release rates shall be used. 703.2 Positive Drainage: Whenever practicable, all areas of the property must be provided an overland flaw path that will pass the 100-year flow at a Page 139 stage at least one foot below the lowest foundation grade in the vicinity of the flow path. Overland flow paths designed to handle flows in excess of the minor drainage system capacity shall be provided drainage easements. All drainage easements shall prohibit the placing of sandboxes, above grade planters, nonflow-through fences, and other obstructions across these overland flow paths. Street ponding and flow depths shall not exceed curb heights by more than one inch. 704.0 Methods for Generating Runoff Hydrographs: Runoff hydrographs shall be developed incorporating the following assumptions of rainfall amounts and antecedent moisture. 704.1 Rainfall: Unless a continuous simulation approach to drainage system hydrology is used, all design rainfall events shall be based on the Illinois State Water Survey's Bulletin 70. The first quartile point rainfall distribution shall be used for the design and analysis of conveyance systems with critical durations less than or equal to twelve hours. The third quartile point rainfall distribution shall be used for the design and analysis of detention basins and conveyance system with critical durations greater than twelve and less than or equal to 24 hours. The forth quartile distribution shall be used in the design and analysis of systems with durations greater than 24 hours. The first, third and fourth quartile distributions described by Huff are presented in Table 37 of Bulletin 70. The SCS Type II distribution may be used as an alternate to the Huff distributions. The effects of a 16-inch, 18-hour SCS Type II rainfall shall also be assessed so as to predict the operation of the system during an event similar to the July 1996 (or current) rainfall of record. But this. event need not be considered as the design condition. 704.2 Antecedent Moisture: Computations of runoff hydrographs which do not rely on a continuous accounting of antecedent moisture conditions shall assume a minimum antecedent moisture condition of two. 705.0 Wet Detention Basin Design: Wet detention basins shall be designed to remove stormwater pollutants, to be safe, to be aesthetically pleasing, and as much as feasible to be available for recreational use. Designs incorporating wetland establishment to further control pollutants, increase aesthetics and provide recreational opportunities are encouraged. 705.1 Wet Basin Depths: Wet basins shall be at least three feet deep, excluding near shore banks and safety ledges. If fish habitat is to be provided they shall be at least ten feet deep aver twenty-five percent of the bottom area to prevent winter freeze out. Page 14p 705.2 Wet Basin Shoreline Slopes: The side slopes of wet basins at the normal pool elevation shall not be steeper than 5 to 1 (horizontal and vertical). 705.3 Permanent Pool Volume: The permanent pool volume in a wet basin at normal depth shall be equal to the runoff volume from its watershed for the 2-year event. 705.4 Inlet and Outlet Orientation: To the extent feasible, the distance between detention inlets and outlets shall be maximized. If possible, they should be at opposite ends of the basin and located to avoid short-circuiting. The use of paved law flow channels is discouraged. 706.0 Wetland and Dry Detention Basin Design: In addition to the other requirements of this Ordinance, wetland and dry basins shall be designed to remove stormwater pollutants, to be safe, to be aesthetically pleasing and as much as feasible to be available for multiple uses. 706.1 Wetland and Dry Basin Drainage: Dry basins shall be designed so that the portion of their bottom area which is intended to be dry shall have standing water no longer than seventy-two hours for any runoff event less than the 100-year event. Under drains directed to the outlet may be used to accomplish this requirement. Grading plans shall clearly distinguish the wet/wetland portion of the basin from the dry portion. 706.2 Velocity Dissipation: Velocity dissipation measures shall be incorporated into dry basin designs to minimize the resuspension of pollutants. 706.3 Inlet and Outlet Orientation: To the extent feasible, the distance between detention inlets and outlets shall be maximized. If possible, they should be at opposite ends of the basin. 706.4 Stilling/Sedimentation Basins: A stilling/sedimentation basin shauld be constructed at each major inlet to a wetland or dry basin consistent with Section 709.4. 707.0 RESERVED 708.0 Detention in Floodplains: The placement of detention basins within the flaodplaln is strongly discouraged because of questions about their reliable operation during flood events. However, the stormwater detention requirements of this ordinance may be fulfilled by providing detention storage within flood fringe areas on the project site provided the following provisions are met. Page 141 708.1 Detention in Flood Fringe Areas: The placement of a detention basin in a flood fringe area shall require compensatory storage for 1.5 times the volume below the base flood elevation occupied by the detention basin including any berms. The release from the detention storage provided shall still be controlled consistent with the requirements of this section. The applicant shall demonstrate its operation for all stream flow and floodplain backwater conditions. Excavations for compensatory storage along watercourses shall be opposite or adjacent to the area occupied by detention. All floodplain storage lost below the 10-year flood elevation shall be replaced above the proposed 10-year flood elevation. All compensatory storage excavations shall be constructed to drain freely and openly to the watercourse. 708.2 Detention in Floodways: Detention basins shall be placed in the floodway only in accordance with 708.3. 708.3 On-stream Detention: On-stream detention basins are discouraged but allowable if they provide regional public benefits and if they meet the other provisions of this ordinance with respect to water quality and control of the 2-year and 100- year, 24-hour events from the property. Further criteria are presented in Section 800.0 of this ordinance. If on-stream detention is used for watersheds larger than one square mile, it is recommended that the applicant use dynamic modeling to demonstrate that the design will not increase stage for any properties upstream or downstream of the property. Also impoundment of the stream as part of on-stream detention: a. shall not prevent the migration of indigenous fish species, which require access to upstream areas as part of their life cycle, such as for spawning; b. shall not cause or contribute to the degradation of water quality or stream aquatic habitat; c. shall include a design calling for gradual bank slopes, appropriate bank stabilization measures, and apre-sedimentation basin; d. shall not involve any stream channelization or the filling of wetlands; e. shall require the implementation of an effective nonpoint source management program throughout the upstream watershed; f shall not occur downstream of a wastewater discharge; and Page 142 g. shall comply with 92 Illinois Administrative Code Parts 702 and 708 and the floadplain ordinance of the Village of Plainfield. 709.0 Drainage into Wetlands: Existing wetlands shall be protected from damaging modifications and adverse changes in runoff quality and quantity associated with land developments. In addition to the other requirements of this ordinance, the following requirements shall be met for all developments whose drainage flows into wetlands. 709.1 Detention Wetlands: Existing wetlands shall not be modified for the purposes of stormwater detention unless it is demonstrated that the existing wetland is low in quality and the proposed modifications will improve its habitat and ability to perform beneficial functions. Existing depressional storage in wetlands shall be maintained and the volume of detention storage provided to meet the requirements of this section shall be in addition to this existing storage. Establishment of new emergent wetlands to accept drainage from stormwater detention systems are encouraged as a benefit to aesthetics, pollution control and recreational opportunity. 709.2 Sediment Control: The existing wetland shall be protected during construction by appropriate soil erosion and sediment control measures and shall not be filled. 709.3 Alteration of Drainage Patterns: Site drainage patterns shall not be altered to substantially decrease or increase the existing area tributary to the wetland. 709.4 Detention/Sedimentation: All runoff from the development shall be routed through a preliminary detention/sedimentatian basin incorporating pollutant removal functions and designed to capture the 2-year, 24-hour event and hold it for at least 24 hours, before being discharged to the wetland. The area of the basin shall be at least 500 square feet per acre of impervious surface in the drainage area. Side slopes shall be no steeper than three horizontal to one vertical and basin depths should be at least three feet to minimize resuspension of accumulated sediment. This basin shall be constructed before property grading begins. In addition, the drainage hierarchy defined in section 500.0 should be followed to minimize runoff volumes and rates being discharged to the wetland. Page 143 709.5 Vegetated Buffer Strip: A buffer strip of at least 25 feet in width, preferable vegetated with native plant species, shall be maintained or restored around the periphery of the wetland. 709.6 Vegetated Filter Strips and Swales: To effectively filter stormwater pollutants and promote infiltration of runoff, sites should be designed to maximize the use of vegetated filter strips and swales. Wherever practicable, runoff from impervious surfaces should be directed onto filter strips and swales before being routed to a storm sewer or detention basin. 710.0 Street Parkin Lot and Culvert Dama e 710.1 Streets: If streets are to be used as part of the minor or major drainage system, ponding depths shall not exceed curb heights by more than one- inch and shall not remain flooded for more than eight hours for any event less than or equal to the 100-year event. 710.2 Pazking Lots: The maximum stormwater ponding depth in any parking area shall not exceed six inches for more than four hours. 710.3 Culvert Road and Driveway Crossings: Sizing of culvert crossing shall consider entrance and exit losses as well as tailwater conditions on the culvert. 711.0 Infiltration Practices: To effectively reduce runoff volumes, infiltration practices including basins, trenches, and porous pavement should be located on soils in hydrologic soil groups "A" or "B" as designated by the U.S. Soil Conservation Services. Infiltration basins and trenches designed to recharge groundwater shall not be located within seventy-five feet of a water supply well or a building foundation. A sediment settling basin shall be provided to remove coarse sediment from stormwater flows before they reach infiltration basins or trenches. Stormwater shall not be allowed to stand more than seventy-two hours over eighty percent of a dry basin's bottom area for the maximum design event to be ex-filtrated. The bottom of infiltration facilities shall be a minimum of four feet above seasonally high groundwater and bedrock. 712.0 Safety Considerations: The drainage system components, especially all detention basins, shall be designed to protect the safety of any children or adults coming in contract with the system during runoff events. 712.1 Side Slopes: the side slopes of all detention basins at 100-year capacity shall be a level as practicable to prevent accidental falls into the basin and Page 144 for stability and ease of maintenance. Side slopes of detention basins and open channels shall not a steeper than three to one (horizontal to vertical). 712.2 Safety Ledge: All wet detention basins shall have a level safety ledge at least 4 feet in width 2.5 to 3 feet below the normal water depth. 712.3 Velocity: Velocities throughout the surface drainage system shall be controlled to safe levels taking into consideration rate and depths of flow. 712.4 Overflow Structures: All stormwater detention basins shall be provided with an overflow structure capable of safely passing excess flows at a stage at least one foot below the lowest foundation grade in the vicinity of the detention basin. The design flow rate of the overflow structure shall be equivalent to the 100-year inflow rate. 713.0 Maintenance Considerations: The stormwater drainage system shall be designed to minimize and facilitate maintenance. Turfed side slopes shall be designed to allow lawn mowing equipment to easily negotiate them. Wet basins shall be provided with alternate outflows which can be used to completely drain the pool for sediment removal. (Pumping may be considered if drainage by gravity is not feasible.) Pre-sedimentation basins shall be included, where feasible, for localizing sediment deposition and removal. Access far heavy equipment shall be provided. 800.0 The Bypass System The bypass system shall be designed to comply with the requirements of Section 3-9-3B of the subdivision Control Ordinance. Design capacity shall be predicated on the assumption that all upstream areas have been fully developed as proposed in the Plainfield Official Plan and/or the Will County Comprehensive Plan. The bypass flow rate shall be computed using a runoff coefficient of not less than 0.35. An allowance, equivalent to the reduction in the flow rate provided, will be made for upstream detention that has been previously approved by the Village and/or Will County and that has been constructed. (700.0) Bypass channels may be incorporated into lot or improvement designs as follows: a. Drainage ways may be provided in a depressed median of a double roadway, street, or parkway, provided the median is wide enough to permit flat side slopes along the storm channel. b. A continuous easement shall be provided along rear lot lines Page 145 within which utility lines and drainage facilities may be located and maintained, but within na accessory buildings and/or obstructing structures may be located. c. Any such bypass drainage way shall be provided with an easement at least twelve feet wide, six feet nn each side of a lot line where applicable. Such an easement will permit necessary public channel maintenance and improvement. Where development of a praperty presents the threat of flooding or damage by flash runoff to downstream residents, the facilities far storm water runoff control shall be constructed prior to any earth moving or drainage constructed on the project side. 900.0 Early_Completion of Detention Facilities Where detention, retention, or depressional storage areas are to be used as part of the drainage system for a property, they shall be constructed as the first element of the initial earthwork program. Any eroded sediment captured in these facilities shall be removed by the applicant before project completion in order to maintain the design volume of the facilities. 1000.0 Reserved 1100.0 Maintenance Res ansibili Maintenance of stormwater drainage facilities located on private property shall be the responsibility of the owner of that property. Before a Construction permit is obtained from the Village of Plalnfield, the applicant shall execute a maintenance agreement with the Village of Plainfield guaranteeing that the applicant and all future owners of the property will maintain its stormwater drainage system. The maintenance agreement shall also specifically authorize representatives of the Village of Plainfield to enter on to the property for the purpose of inspections and maintenance of the drainage system. Such agreement shall be recorded with the Recorded of Deeds of Will County. The maintenance agreement shall include a schedule for regular maintenance of each aspect of the property's starmwater drainage system and shall provide for access to the system far inspection by authorized personnel of the Village of Plainfield. The maintenance agreement shall also stipulate that if the Village Attorney of the Village of Plai~eld notify the property owner in writing of maintenance problems which require correction, the property owner shall make such corrections within 30 (thirty) calendar days of such notification. if the corrections are not made within this time period the Page 146 Village of Plainfield may have the necessary work completed and assess the cost to the property owner. The Village of Plainfield has the option of requiring a bond to be filed by the property owner for maintenance of the stormwater drainage system. 1200.0 Administration 1201.0 Inspections 1201.10 Inspections During Construction: General site grading shall not begin until any necessary detention facilities are in place and operational. The Village Building Official or his representative will also conduct periodic inspections of the work in progress to be certain that the drainage system is being built as designed. If any violations of the provisions or requirements of this ordinance are noted during such inspectians, the Village Building Official shall notify the property owner in writing of the items needing correction. The property owner shall be given ten (10) calendar days to make such corrections unless given a specific extension of time in writing by the Village Building Official. Failure to complete such corrections within the specified time period shall constitute a violation of this ordinance. 1201.20 Final Inspection: Upon notification by the applicant that the drainage system is completed, the Village Engineer or his representative shall conduct a final inspection. If the drainage system is found to contain deficiencies which require correction the Village of Plainfield shall notify the property owner of the necessary corrections. The property owner shall correct such deficiencies within ten (10) calendar days unless given a specific extension of time in writing by the Village. Failure to make necessary corrections within the specified time period shall constitute a violation of this ordinance. Upon finding that the drainage system meets the provisions and requirements of this ordinance the Village Engineer shall issue a written report of drainage system completion to the Village President and Board of Trustees. The Village shall ratify the property owner of satisfactory completion. 1201.30 Routine Inspections: All privately owned drainage systems shall be inspected by representatives of the Village of Plainfield not less often than once per year. A written report shall be filed of the results of any inspection and a copy sent to the property owner detailing any problems which need correction. Page 147 1202.0 Enforcement: The administration and enforcement of this ordinance shall be the responsibility of the Planning & Building Department of the Village of Plainfield. 1203.0 Appeals: All appeals to the Village Engineer, Village Building Official or Village Planner's decisions regarding the interpretation of this ordinance shall be heard by the Village President and Board of Trustees of the Village of Plainfield. 1300.0 Severability If any section, clause, provision of portion of this ordinance is judged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall remain in force and not be affected by such judgment. 1400.00 Penalties Any person convicted of violating any of the provisions or requirements of this ordinance shall be guilty of an ordinance vialation and shall be subject to a fine of not more than $750.00 or be imprisoned for not more than 6 months. Each day the violation continues shall be considered a separate offense. 1500.0 Effective Date This ordinance shall be in full force and effect from and after its passage and approval and publication, as required by law. This ordinance shall be numbered as Ordinance No. 1747 Page 148 CHAPTER 10 DESIGN STANDARDS SECTION: CONTENTS: 3-10-1 Conformance to Plainfield Land Use Plan 3-10-2 Streets 3-10-3 Alleys 3-10-4 Easements 3-10-5 Blocks 3-10-6 Lots 3-10-7 Building Setback Lines 3-10-8 Building Grade Levels 3-10-9 Access to Public Streets 3-10-10 Driveways Section 3-10-1: Conformance to Plainfield Land Use Plan The subdivision of land including the arrangements, character, extent, width, grade and location of all highways, streets, alleys, cross-walks, easements, sites for parks, playgrounds and schools, or other land to be dedicated for public use shall conform to the Official Flan of the Village of Plainfield, approved by the Plan Commission and adopted by the Village Board of Trustees and other responsible governmental bodies of the Village of Plainfield. Section 3-10-2: Streets A. All streets shall be considered in their relationship to existing and planned streets, to topographical conditions, to public convenience and safety and in their relation to the proposed uses of the land to be served by such streets. B. Where such is not shown on the Official Plan, the arrangement of streets in a subdivision shall either: 1. Provide for the continuation or appropriate projection of existing principal streets in surrounding area; or 2. Conform to a plan for the area or neighborhood approved or adopted by the Plan Commission to meet a particular situation where topographical or other conditions make Page 149 continuance ar canformance to existing streets impracticable. 3. Provide for a minimum of two (2) points of ingress and egress. G Local streets shall be so laid out that their use by through traffic will be discouraged. D. Where a subdivision abuts or contains an existing or proposed highway or major thoroughfare, as shown on the Land Use Plan, the Plan Commission may require marginal access streets; double frontage with screen planting contained in a non-access reservation at least ten (10) feet wide, along the rear property line; deep lots with rear service alleys, or other such treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic. E. Where a subdivision borders on, or contains, a railroad or highway, the Plan Commission may require a street approximately parallel to, and on each side of, such railroad or highway, at a distance suitable for the appropriate use of the intervening land, as for park purposes in residential districts, or for commercial or industrial purposes in appropriate districts. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations. F. Reserve strips controlling access to public utilities, streets, or alleys shall be prohibited. G. All streets intersections and confluences should encourage safe traffic flow. H. Street jag intersections on streets laid out in a straight line shall have center lines off set by a minimum distance of 300 feet (300') When connecting street lines deflect from each other at any one point by more than ten (10) degrees, they shall be connected by a curve with a radius adequate to insure clear sight distances (see Geometric Design) Page 150 J. Streets shall be laid out so as to intersect as nearly as passible at right-angles and no streets shall intersect any other street at less than sixty (60) degrees. K. Half-streets shall be prohibited with the following exceptions: wherever an existing half-street is adjacent to a tract to be subdivided, the other half of the street shall be platted within such tract. L. Dead-end streets (cul-de-sac), designed to be so permanently, shall not be longer than six hundred (G00) feet from the intersection of the origin through the center of the circle to the end of the right-of- way, and shall be provided at the closed end with a paved turna- round having an outside pavement diameter of at least ninety three feet (93') and a street property line diameter of at least one hundred and twenty (120) feet. M. No street names shall be used which will duplicate or be confused with names of existing streets. Existing street names shall be projected wherever possible. Street names shall be subject to the approval of the Plan Commission. N. Minimum Distance from major intersection to first internal intersection. Section 3-10-3 MINIMUM STANDARDS FOR STREETS A. General. All streets shall be designed in accordance with the "Illinois Department of Transportation's Bureau of Local Roads and Streets Administrative Policies",the American Association of State Highway and Transportation Officials, "A Policy on the Geometric Design of Highways and Streets" , and the Village of Plainfield's Subdivision Standards and Specifications. B. Pavement Design. All pavement shall be designed in accordance with previously referenced standards and manuals. The design thickness shall be dependent on the soil support value and the projected traffic factor. However, in no case shall the pavement design be less than that indicated in the "Village of Plainfield Subdivision Standards and Specifications. A pavement design shall be submitted for each subdivision which consists of: Page 151 1. A soil analysis (minimum IBR = 3 or Eri = 3 ksi); 2. Staged construction -construction traffic on binder course and aggregate base course or aggregate subbase, bituminous base course and binder course and fifteen year (1 S) life for completed pavement with remaining life of existing pavement considered; 3. Trip generation and projections based on Institute of Transportation Engineer's procedures or other methods accepted by the Village and; 4. Illinois Department of Transportation's Bureau of Local Roads and Streets Administrative Policies Procedures C. Geometric Design Pavement # Design Posted Width Of Speed Speed Street Traffic Right-of--Way Parking Feet Lanes MPH MPH Local X2000 66 One or Both Sides 28 2 3S 25 Minor 2000- $0 Both Sides 39 3 35 25 Collector 5000 Major 5000- 100 None 36 3 45 35 Collector 14,000 Minor 14,000 120 None 60 S SS 4S Arterial -24,000 Major 24,000- 150 None 72 6 65 SS Arterial 56,000 Business, X5000 80 None 36 3 35 25 Industrial Office Multi- X2000 80 Both Sides 39 2 3S 25 Family Page 152 Crown Maximum Minimum Radius at Street Minimum Sloe % Sloe % Intersection (Feet) Local 2% $% O.S 25 Minor Collector 2% 6% 0.5 30 Major Collector 2% 5% 0.5 35 Minor Arterial 2% 5% 0.5 WB-65 Design Vehicle Major Arterial 2% 5% 0.5 WB-65 Design Vehicle Business Industrial 2% 4% 0.5 WB-65 Office Design Vehicle Length of Radius of Sight Distance Street Vertical Curve Horizontal Curve Feet Local 200 Minor Collector 300 Major Collector 400 Minor (See AASHTO) Arterial 500 Major Arterial 600 Business Industrial Office 600 Page 153 D. Major residential streets as identified by the Village shall be designed to a pavement width of 31 feet. E. Streets shall be related appropriately to the topography and all streets shall be arranged so as to obtain building sites above the grades of the streets. Grades of streets shall conform as closely as possible to the original topography. A combination of steep grade curves shall be avoided. F. Local streets shall be so laid out that their use by through traffic will be discouraged. G. All street intersections and confluences shall encourage safe traffic flow. H. Bikepaths shall be designed in accordance with AASHTO's Guide for the Development of Bicycle Facilities, latest edition. Section 3-10-4 Al_ let's A. In commercial, business and industrial districts, definite and assured provisions shall be made for service access such as off- street loading, unloading, and parking consistent and adequate far the uses proposed. If, in the opinion of the Plan Commission such facilities are not adequate, the Plan Commission may permit or require the dedication and improvement of a public alley. B. Alleys in residential areas shall not be permitted, except where deemed necessary and on the recommendation of the Plan Commission. C. The width of an alley, where permitted or required, shall be twenty (20) feet in residential areas and thirty (30) feet in commercial and industrial districts. D. Alley intersections and sharp changes in alley alignment shall be avoided. E. Dead-end alleys shall be avoided where possible, but if unavoidable they shall be provided with adequate turn-around facilities at the dead-end, as determined by the Plan Commission. Page 154 Section 3-10-5: Easements: A. Public utility and/or drainage easements shall be provided along the rear and side of each lot. B. The easements shall be laid out so that proper continuity is provided from lot to lot. C. When possible telephone, cable, electrical, gas and other utilities shall be placed underground in the rear of each lot within the easements. Lot line placement for services. D. Obstructions shall not be placed over grantees facilities or in, upon or over, the property which will interfere with the proposed use of the easement without the prior written consent of the grantee E. Where a subdivision is traversed by a watercourse, overland release route, drainage way, channel or stream, there shall be provided a storm water easement or drainage right of way conforming substantially with the lines of such watercourse, and such further width or construction, or both, as will be adequate for the purpose. G. Utility easements shall not be less than ten feet (10') in width. Section 3-10-b: Blocks A. The lengths, widths, and shapes of blocks shall be determined with due regard to: 1. Provision of adequate building sites suitable to the special needs to the type of use contemplated. 2. Zoning requirements as to lot sizes and dimensions within the corporate limits of the Village of Plainfield. 3. Needs for convenient access, circulation, control and safety of street traffic. B.. Block lengths shall not exceed fifteen hundred (1,500) feet and should not be less than three hundred (300) feet. Page 155 C. Pedestrian cross-walks not less than six (6) feet wide shall be included at all intersections for pedestrian circulation or access to schools, playgrounds, shopping centers, transportation and other community facilities. D. Block or portions thereof intended for commercial or industrial use shall be designated as such, and the plan shall show adequate off- street areas to provide for parking, loading docks and other such facilities. Section 3-10-7: Lots A. The lot size, width, depth, shape and orientation shall be appropriate for or the location of the subdivision and for the type of development and use contemplated. B. Lot dimensions and areas shall conform to the requirements of the Plainfield Zoning Ordinance, or the Will County Zoning Ordinance, whichever is applicable. C. Lots abutting a water course, drainage way, channel or stream shall have a minimum width ar depth as required to provide an adequate building site and to afford the minimum useable area required in this Ordinance or the Plainfield Zoning Ordinance for front, side and rear yards. D. All corner lots shall be sufficiently larger than others sa as to allow equal building lines on both streets. A minimum building setback line shall be maintained. E. All lots shall abut on a publicly dedicated street. 1~ . Double frontage and reverse frontage lots shall be avoided except where essential to provide separation of residential development from highways or primary thoroughfares as to overcome specific disadvantages of topography and orientation. A planting screen outlot of at least twenty (20') feet and across which there shall be no right of vehicular access, shall be provided along the rear lot lines of lots abutting such highways and major thoroughfares. In no event shall swimming pools, tennis courts, sports fields, fences or other such uses be permitted in the outlot or easement. Page 156 G. The following on lot landscaping, separate from parkways plantings, is required: 1. Single Family lots: Two (2) canopy trees with 3" caliper per lot 2. Attached Single Family: One (1) canopy tree with 3" caliper per dwelling unit 3. Multifamily and other uses are per the site plan review ordinance Minimum spacing between canopy trees shall be forty (40) feet. H. Side lot lines shall be substantially at right angles ar radial to street lines. Section 3-10-8: Building Setback Lines Building setback lines in residential areas of new subdivisions shall conform to the front yard provisions of the Flainfield Zoning Ordinance. Section 3-10-9 Access to Public Streets A. Local and Minor Callectors shall be as per attachment 5-8I of the Administrative Policies. B. Major Collector, and Arterials shall be as per Illinois Department of Transportation Access to State Highways. Section 3-10-10 Driveways A. All driveways and parking areas shall be paved with Bituminous concrete ar Portland cement concrete. B. Parking facilities on either grass or dirt surfaces or the conversion of grass or dirt surfaces into gravel parking facilities shall be strictly prohibited. C. Parking facilities where permitted shall not intrude onto the municipal sidewalks or parkways. D. Residential parking facilities where permitted shall not be located within five (5) feet of any property line. E. Driveway widths in residential districts shall be limited to a maximum width of 20 feet at the curb line. Page 157 CHAPTER 11 SECTION: 3-11-1 3-11-2 3-11-3 Section 3-11-1: PARKS, SCHOOLS AND PUBLIC AREAS CONTENTS: Designation of Acres Limit on Taking Acres Regard for Natural Features in Area Designation Designation of Areas Whenever the reasonable requirement provided by the Official Plan indicates the necessity far providing far a school site, park site or other public lands within any proposed subdivision far which approval has been requested and no such provision has been made therefore, the governing authorities may require that land be designated for such public purpose before approving such plat. Section 3-11-2: Limit on Takin Areas Whenever a final plat of subdivision, or part thereof, has been approved by the governing authorities as complying with the Official Plan and there is designated therein a school site, park site or other public land, the governing authorities having jurisdiction of such use, be it a school board, park board, or other authority, shall acquire the land so designated by purchase or commence proceedings to acquire such land by condemnation within one (1) year from the date of approval of such plat; and if it does not do so within such period of one (1) year, the land so designated may then be used by the owners thereof in any other manner consistent with this Ordinance, including the Official Plan and Zoning Ordinance of the Village. Section 3-11-3: Regard for Natural Features in Area Designation In subdividing any land within the Village or within one and one- half (1'/2) mile unincorporated area due regard shall be shown for all natural features such as tree growth, water courses, historic spots, or similar conditions which, if preserved, will add attractiveness to the proposed development. Page 158 CHAPTER 12 ACCEPTANCE OF REQUIRED LAND IMPROVEMENTS SECTION: CONTENTS: 3-12-1 Required Showings 3-12-2 Permanent Markers 3-12-3 Sanitary Sewers and Sewage Disposal 3-12-4 Watermain and Water Supply 3-12-5 Storm Drainage 3-12-6 Roadway Improvements 3_12_ Sidewalk and Bike Paths 3_12_g Public Utilities 3-12-9 Street Lighting 3-12-10 Landscaping Section 3-12-1: General Requirements A. No subdivision of land shall be approved unless the construction of all public improvements shall conform to the Village of Plainfield's Subdivision Standards and Specifications, which maybe amended from time to time. B. Authority of Engineer: This authority includes any consulting engineer designated to represent the Village of Village Staff Engineers and is referenced in this section as the Engineer. All public improvements work shall be completed to the sole satisfaction of the Village designated Engineer. The decision of the Engineer shall be final on all questions which may arise including, but not limited to, the quality and acceptability of materials and work, the manner of performance, and interpretation of the plans and specifi cations. The Engineer is authorized to suspend work in whole or in part by written notification to the Contractor for failure of the Contractor to follow the reasonable directives of the Engineer. The Engineer may also suspend work by written notification for such period or periods deemed appropriate for reasons including, but not limited to, unsuitable weather or other working conditions, noncompliance with Page 159 Village regulations or ordinances, or any other condition or reason deemed by the Engineer to be in the public interest. The Engineer will not provide the Contractor with direction or advice on how to da the work. C. Conformity with approved plans. All work performed and all materials furnished shall be in conformity with the approved plans and the lines, grades, cross sections, dimensions, and material requirements, including tolerances, shaven on the plans or indicated in the approved plans. All work or material which does not conform to the requirements of the approved plans will be considered unacceptable. Unacceptable work, whether the result of poor workmanship, use of defective materials, damage through carelessness, or other cause, and unacceptable material shall be removed and replaced or otherwise corrected in an acceptable manner by and at the expense of the owner/developer. The contractor shall give the work constant attention necessary to facilitate the progress thereof, and shall cooperate with the Engineer, appointed inspectors and other contractors in every way possible. D. Contractor's Superintendent: The Contractor shall have on the work site at all times, as the Contractor's agent, a competent English-speaking superintendent capable of reading and thoroughly understanding the plans and specifications and thoroughly experienced in the type of work being performed, who shall receive instructions from the Village's designated Engineer or authorized representatives. The superintendent shall have full authority to execute orders or directions of the Engineer without delay, and to promptly supply such materials, equipment, tools, labor and incidentals as maybe required. E. Inspection of Work: A11 materials and each part or detail of the work shall be subject at all times to inspection by the Village's designated Engineer. The Engineer shall be Page 160 allowed access to all parts of the work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed inspection. The contractor shall remove or uncover such portions of the finished work as directed by the Engineer. After examination, the contractor shall restore said portions of the work to the standard required by the approved plans. F. Defective Materials: All materials to be permanently incorporated into the work shall be new. All materials not conforming to the requirements of the contract plans and specifications at the time they are used shall be used considered unacceptable and all such materials will be rejected and shall be removed immediately from the site of the work unless otherwise instructed by the Engineer. If in place, they shall be removed by the Contractor at his/her expense and replaced with acceptable materials. No rejected material, the defects of which have been corrected, shall be used until approval has been given. G. Maintenance of Traffic: When work zone traffic control is required along the route under construction, or when any section of road is closed for construction operations of any type, ar when any section of the road is opened to traffic prior to completion of all work, the Contractor shall protect the workers and provide for safe and convenient public travel by providing adequate traffic control. H. Dirt on Pavement or Structures: Where the Contractor's equipment is operated on any portion of the pavement or structures used by traffic on or adjacent to any site under construction, the Contractor shall clean the pavement of all dirt and debris at the end of each day's operations, and at other times as directed by the Engineer, or the Village Building Division, or the Public Works Department. I. Protection of Sensitive Areas: The Contractor shall take sufficient precautions to prevent pollution of streams, lakes, reservoirs, and wetlands with fuels, oils, bitumens, calcium, chloride, or other harmful materials. The Contractor shall conduct and schedule operations so as to Page 161 avoid or minimize siltation of streams, lakes, reservoirs, and wetlands. Where, in the opinion of the Village the land has a high potential for erosion, the areas exposed by construction operations will be subject to approval by the Engineer, and the duration of the exposure of the uncompleted construction to the elements shall be as short as practicable. Erosion control features shall be constructed concurrently with other work as shown on the approved plans. J. Construction Traffic Routing Plan: Any planned development, whether residential, commercial or otherwise in nature, that is proposed to abut an existing active residential area and whose proposed roadway pattern will connect with and extend existing roadways must include a construction traffic routing proposal. This proposed routing should utilize existing alternative access routes and temporary private roads if necessary to minimize as much as possible the inconvenient impacts normally associated with development construction to the existing residents. 1. The phasing sequence of the final platting (if applicable), and construction traffic routing proposal must be shown on the construction plans submitted for review and approval. 2. In those instances where a temporary road is required, said road shall be constructed of a dust- free surface, and maintained solely by the Contractor. 3. Directional signs to be used in conjunction with the construction traffic routing proposal shall comply with the "Village of Plainfield Standard Specifications for Subdivision Improvements" . 3-12-2 PERMANENT MARKERS A. Permanent Markers shall be placed at a minimum of three corners along the boundary of the subdivision. Permanent monuments shall be of concrete with minimum dimensions of the four inches by four inches (4" x 4") at top, six inches Page 162 by six inches (b" x b") at bottom, and thirty six inches (36") long, with a copper dowel three eights inch (3/8") in diameter, at least two and one-half inches (2-1/2") in length embedded so that the top of the dowel shall be flush with the surface and at the center of the monument. All corner, angle points, points of curvature, points of tangency, and all street lines around the subdivision boundaries not marked by concrete monuments as well as all lot corners shall be marked by galvanized or wrought iron pipe or iron or steel bars at least eighteen inches (18") in length and not less than one-half inch (%") in diameter. The top of the pipe or bar is to be set level with the established grade of the ground. A permanent benchmark shall be accessibly placed at each street intersection, the elevation of which will be based on USGS Datum and shown on the grading plan. 3-12-3 SANITARY SEWERS AND SEWAGE DISPOSAL Sanitary sewer shall be designed in accordance with the Illinois Design Standards for Sewage Works and Illinois Environmental Protection Agency Design Criteria. A. Where a public sanitary sewer is reasonably accessible, the developer shall connect with such sanitary sewer and provide adequate sewer lines accessible to each lot. B. Where a public sanitary sewer is not reasonably accessible, but where plans for the installation of sanitary sewers in the vicinity of the subdivision have been prepared and approved by the Illinois Environmental Protection Agency and the Village designated Engineer, the subdivider shall install sewers in conformity with such plans, even though a connection to an existing main may not be immediately practicable. Temporary disposal facilities meeting the approval of the Village of Plainfield, Will County Health Department and the Illinois Environmental Protection Agency shall be allowed. Sewer connections and the subdivision sewer system shall comply with the Village of Plainfield Subdivision Standards and Specifications. Page 163 C. Where no sewers are accessible and no plans for same have been prepared, septic systems or another type of system approved by the Village of Plainfield Wi11 Country Health Department and the Illinois Environmental Protection Agency are allowable. D. Where a public sanitary sewer line is shown in the Village's wastewater system facilities plan, the subdivider shall construct the public sanitary sewer line to and/or through his property. E. Public sanitary sewer lines shall be constructed by the developer to the limits of the subdivision so that sanitary sewer service can be provided to the adjacent property. Where the Village sanitary sewer plans require the capacity of a public sanitary sewer line to be larger than necessary to adequately service the subdivision, the developer shall construct the public sanitary sewer line at the larger size. F. All sanitary sewer and sewage disposal work shall comply with the Village of Plainfield Subdivision Standards and Specifications. G. Slope. Maintain minimum slope such that a minimum velocity of two feet (2') per second is maintained. H. Size. Minimum size for any sanitary sewer is eight inches ($~~) I. Manhole Spacing. Size of Pie Maximum Distance ~l ~~ 400' 1$-30 500' J. Structure Size Manhole Size of P~ Size of Manhole X36" 4' ~3~~~ Min. 5' K. Depth. Minimum cover shall be three feet (3'). Page 164 3-12-4 WATERMAIN AND WATER SUPPLY Watermain shall be designed in accordance with the Recommended Standards for Water Works Published by the Great Lakes Upper Mississippi River Board of State Public Health and Environmental Managers and Illinois Environmental Agency Design Criteria. A. Where a public watermain is reasonably accessible, the developer shall connect with such watermain and provide adequate water lines accessible to each lot. B. Where a public watermain is not reasonably accessible, but where plans for the installation of watermalns approved by the Illinois Environmental Protection Agency and the Village's designated Engineer, the subdivider shall install watermains in conformity with such plans, even though a connection to an existing main may not be immediately practicable. Temporary disposal facilities meeting the approval of the Village Plainfield Will County Health Department and the Illinois Environmental Protection Agency shall be allowed. Watermain connections and the subdivision water supply system shall comply with the Village of Plainfield Subdivision Standards and Specifications. C. Where no watermain is accessible and no plans for same have been prepared, private wells and treatment or another type of system approved by the Village of Plainfield Will County Health Department and the Illinois Environmental Protection Agency are allowable. D. Where a public watermain line is shown in the Village's water system facilities plan, the subdivider shall construct the public watermain line to and/or through his property. E. Public watermain lines shall be constructed by the developer to the limits of the subdivision so that watermain service can be provided to the adjacent property. Where the Village watermain plans require the capacity of a public watermain line to be larger than necessary to adequately service the subdivision, the developer shall construct the public watermain line at a larger size. Page 165 F. All watermain and water supply work shall comply with the Village of Plainfield Subdivision Standards and Specifications. G. All watermain shall be polywrapped unless soil information proves it is not needed. 3-12-5 STORM DRAINAGE Adequate provisions shall be made in all subdivisions for the proper drainage of storm water. Storm drainage shall include curb and gutter, inlets, storm sewers, catch basins, manholes, and flood control facilities. No increase in storm water runoff shall be directed to any existing watercourse or drainage system. It shall be the responsibility of the developer to determine that the receiving watercourse or drainage system shall have adequate capacity to receive such increased flow and shall submit such engineering data to the Village for review. Storm sewers shall be designed in accordance with the Illinois Department of Transportation's Drainage Manual, 2N° Ordinance 1747. A. Where an adequate discharge for storm drainage exists adjacent to the subdivision the developer shall discharge an enclosed drainage system into it. B. Where an adequate discharge for storm drainage does not exist adjacent to the subdivision, the developer shall construct an enclosed drainage system to an adequate discharge. C. Public storm drainage systems shall be constructed by the developer to the limits of the subdivision so that storm sewer service can be provided to the adjacent property. Where sound planning for adequate discharge requires the capacity of a public storm sewer to be larger than necessary to adequately service the subdivision, the developer shall construct the public storm sewer at the larger size. D. Storm water shall not be directed into the sanitary sewer system and no connection between the storm and sanitary Page 1.66 sewer systems will be permitted at any time before, during or after construction. E. All public storm sewers shall be installed on public utility easements within the right of way. F. The developer shall provide a sump pump discharge incorporated into or sepazate from the storm drainage system with service to each lot. G. All public storm lines shall be constructed prior to the construction of streets. H. All storm drainage facilities shall comply with the Village of Plainfield's Subdivision Standazds and Specifications. I. Existing drain the shall be connected to storm sewers. J. Slope. Maintain minimum slope such that a minimum velocity of three feet (3') per second is maintained. K. Size. Minimum size for any storm sewer is twelve inches (12"). L. Manhole Spacing. Size of Pi e 12-24" 27-36" 42-54" 60-up Maximum Distance 350' 400' S00' 1,000' M. Structure Sizing. Size of Manhole Pi e 18" 21-42" 48" Size of Manhole 4' 5' 6' Inlet -Size of Pi e 15" 15 or more than one pipe entering and leaving. Inlet Type A B Page 167 N. Catch Basin and Inlet Placement. Maximum distance between shall be 400 feet (400') or build up a flow of more than 2 cubic feet per second in a 10-year storm. 3-12-6 3-12-7 O. Depth. Minimum cover shall be three feet (3'). ROADWAY IMPROVEMENTS: A. Where a public street is shown in a transportation and/or comprehensive plan adopted by the Planning Commission and Village Board, the developer shall construct the public street to and/or through his property. B. Where sound planning requires a public street to be larger than necessary to adequately service the subdivision, the public street to shall be constructed to the larger size. C. A paved driveway approach between curb and sidewalk/bike path or between edge of road and property line shall be provided for each lot. D. All public streets shall comply with the Village of Plainfield Subdivision Standards and Specifications for Subdivision Improvements. SIDEWALKS/BIKE PATHS: A. Where a bike path is shown in a transportation comprehensive plan, or other Village plan adopted by the Planning Commission and Village Board, the developer shall construct the bike path to and/or through his property. B. In all subdivisions, sidewalks shall be provided along both sides of all streets, unless a bike path is required in place of a sidewalk, and shall be one (1) foot from the property line of the lots and along such line extended at intersections. Bike paths should be design to meander. If the path extends onto private property an easement is required. Page 168 C. All sidewalks and bike paths shall comply with the Village of Plainfield Subdivision Standards and Specifications. 3-12-8 PUBLIC UTILITIES A. All public utility lines for telephone, natural gas, cable television, and electric services shall be placed entirely underground in subdivisions. B. Where telephone, natural gas, cable television, and electric service lines aze placed underground entirely throughout a subdivided azea, said conduits or cables shall be placed within easements or dedicated public ways in a manner which will not conflict with other underground services. Further, all transformer or pedestal boxes shall be located so as not to be unsightly or hazardous to the public. 3-12-9 STREET LIGHTING: A. Street lighting shall be provided throughout the subdivision. Street light standazds shall be installed within the street parkways and shall be served by underground wiring with connections to a power supply of the electric utility company. On collector and arterial streets, a design shall be submitted based on the latest edition of the "American National Standard Practice fnr Roadway Lighting," approved by the American National Standards Institute and published by the Illuminating Engineers Society. B. All street lights shall comply with the Village of Plainfield's Subdivision Standards and Specifications. 3-12-10 LANDSCAPING A. All parkways within the dedicated street area or other public use areas shall be restored according to the Village of Plainfield Subdivision Standards and Specifications. B. All arterials and major collectors shall have a minimum twenty foot (20') landscaped outlot adjacent to the right- of-way. The Village can require a meandering, undulating Page 169 berm as part of the outlot. Design of the outlot is required as part of the final plat for the adjacent unit. C. Parkway trees shall be provided at the equivalent of not more than forty feet (40') apart and no less than twenty- five (2S) feet. Such shall be spaced linearly in the right of way as determined appropriate by the Village Engineer. Parkway trees shall have a minimum trunk size of three inches (3") in diameter, as measured in twelve inches (12") above the established ground level. Parkway trees shall be limited to the following species unless otherwise approved by the Village and shall vary in specie so that no more than five of the same specie are adjacent and that one specie does not comprise more than thirty percent (30%) of all parkway plantings unless otherwise approved by the Village. However, a variety of compatible species from this list should be included in the planting plan for a specific site or development: Blue Ash (fraxinus quadrangulata) Thornless Honeylocust (Gleditsia triacanthos var. inermis) Kentucky Coffeetree (male) (Gyrnnocladus dioicus) Gallery, Redspire, & Aristocrat Pears (Pyres calleryana) Maples (Ater spp.) Bur Oak (Quercus macrocarpa) Red Oak (Quercus rubra) American Linden or Basswood (Tilia americana) Littleleaf Linden (Tilia cordata) Silver Linden (Tilia tomentosum) Trees such as Poplars, Chinese Elm and Willow or any other species which characteristically extend small feeder roots to drainage and sewer lines as well as weakwooded species such as Silver Maples, Box Elders and Russian Olives shall be prohibited in public rights of way. D. A tree survey showing the location, species, trunk diameter and condition of every tree eight inches (8") DBH or larger on the property and within 15 feet of the property line is required as part of the preliminary plat. The survey shall also show the location, size, species, and condition of each tree. The Community Development Department may require that the tree survey exclude those portions of the Page 170 site which it determines will not be affected by the development activity. For those areas of significant vegetation (50% or greater contiguous lot coverage by existing vegetation) with no development activity the area may not need to identify each tree but maybe identified on the survey as a tree protection area. In such cases emphasis will be placed on maintaining the contiguous plantings, and keeping disruption confined to the perimeter of the tree protection area. Indicate measures to be taken to minimize construction impacts on those trees remaining on the site and to minimize construction activity within the drip line of such trees. Removal, Replacement and Protection Criteria: In order to preserve existing tree on a property, the Village Board may impose necessary and appropriate conditions to minimize any adverse impacts on trees located on the property. As part of subdivision design all efforts to design the subdivision to protect groves and wooded areas. To the extent that the development is likely to result in the destruction of or material damage to any tree having a DBH of S inches or more, the applicant shall be required to replace such trees as specified on following page: Diameter of Existing Number of Tree inches R lacement Trees 8 to 12 2 12.1 to 24 3 24.1 to 36 4 36.1 to 48 5 48.1 and greater 6 plus 1 tree for each additional 12 inch diameter Replacement trees shall be a minimum of three (3) inches in DBH and the species and location shall be identified on the plans. Replacement trees shall be in addition to other landscaping required by Village Code. Page 1'11 Replacement trees may be waived if the tree to be replaced is shown to be in poor health or a species not appropriate for the area by a certified azborist. The Village, at its discretion, has the right to retain a professional tree consultant/forester to review submitted tree preservation plans and submit a written report to the Plan Commission. All expense incurred by the Village for the use of the tree consultant shall be reimbursed by the developer. F. Open Space Landscaping. All open space azeas not used far active recreational azeas shall be landscaped with one plant for every 750 square feet of azea. Areas of permanent water shall be deducted from the open space square footage. Upon Board approval, natural landscaping using prairie plants or other natural communities maybe substituted for the standard planting unit. G. 'The developer shall be responsible for replacing all plants and groundcovers that die during atwo-(2) year period from the date of installation. The Village may use the bond or other surety to replace plants if the developer fails to perform adequately. After the initial two (2) year period, the landowner or in the case of plant material in common open space, the home or property owner's association, shall be responsible for maintaining and replacing any plants that die. Section 3-15: TOF OF FOUNDATION SURVEY One 11" x 17" copy of a spotted plat of survey shall be submitted to the Building Inspector in conformance with the Top of Foundation Survey plan in the Standards (1100-1), after the foundation walls have been completed and before further construction is undertaken, containing: 1. Exact location of the structure in relation to the lot lines. 2. Elevation for top of foundation 3. Building Setback Lines and Easements. Page 172 4. Stamp and signature of a registered land surveyor or a registered professional engineer, including the following statement: "The top of foundation survey fully complies with the approved engineering plans for the lot." In the event that the final grading of the lot differs from the approved plans, a statement must be made as to the nature of the change. The Village's designated Engineer may approve minor changes discovered during this top of foundation survey preparation, providing that the changes do not adversely affect the drainage on the land in question of other lands. Section 3-16: LOT GRADING SURVEY Prior to issuance of a certificate of occupancy for any building and after installation of topsoil and prior to installation of landscaping, two (2) 11" x 17" copies of a Plat of Survey shall be submitted to the building inspector in conformance with the Lot Grading Survey Plan in the Standards (1100-2) indicating the following: 1. Legal Description 2. Builder's name, unit number, lot number, and street address. 3. Existing top of foundation grade. 4. Existing garage floor elevation at front of home. 5. Indicate existing driveway slope measured along the center line of the driveway in percentage to house side edge of sidewalk, ar to curb flowline if there is no sidewalk. 6. Existing lot corner elevations, and drainage arrows. 7. Existing finished grade elevation at the four (4) corners of the home. 8. Existing elevation of all drainage break points within the lot. Page 173 9. Existing location and elevation of utility structures on the lot. 10. Location of measurements of any additional accessory or detached building. 11. All concrete, masonry or brick flatwork. 12. As-built grades and slope information for any sideyard/rear yard drainage sections. 13. Top of Foundation on adjacent properties. 14. Sideyard grades 10' into each property at a minimum of three locations. 15. Building Setback Lines and Easements. 16. Stamp and signature of a registered land surveyor or a registered professional engineer, including the following statement: "The final grading of the lot has been completed and fully complies with the approved engineering plans for the lot." In the event that the final grading of the lot differs from the approved plans, a statement must be made as to the nature of the change. The Engineer may approve minor changes discovered during this final blueprint preparation, providing that the changes do not adversely affect the drainage on the land in question or other lands. Section 3-17: VARIATIONS AND EXCEPTIONS Variations and exceptions from the design and dimensional standards and, improvement requirements of these regulations may be made by the Village Board, consistent with the process identified in Chapter 9 of the Village Code, in cases, where, owing to exceptional conditions, there are extreme difficulties or hardships in the way of carrying out the strict letter of these regulations. Resubdivision of a single lot or of a platted block of an old subdivision shall be considered as an exceptional condition Page 174 meriting departure from the strict letter of these regulations if substantial hardship exists. No variation or exception shall be made that will be detrimental to the public welfare or which substantially deviates from the Official Plan of Plainfield. Procedures and standards governing the application for and granting of variations and exceptions shall be in accordance with the provisions of the Plainfield Zoning Ordinance, Section 6-30. Section 3-18: ENFORCEMENT No Plat of Subdivision shall be entitled to recordation in the Recorder's Office of Will or Kendall County or have any validity until it shall have been approved in the manner prescribed by the Ordinance. Section 3-19: RECORDS AND PLATS KEPT BY THE VILLAGE CLERK All Plats of Subdivision, after the same shall have been submitted and approved as provided in this Ordinance, shall be filed and kept by the Village Clerk and shall be a matter of public record. ~ertinn 3-20: SEPARABILITY If any section, paragraph, clause, phrase, or part of these subdivision regulations, is for any reason held invalid, it shall not affect the validity of the remaining provisions of these regulations and the application thereof to any person or circumstances shall not be affected thereby. Section 3-21: PENALTY Anyone violating any of the provisions of this Ordinance shall be fined nat less than $100.00 or more than $'150.00 for each offense. Section 3-22: STATUS OF SUBDIVISION IN PROCESS OF THE EFFECTIVE DATE OF THIS ORDINANCE Any subdivision that has not received final plat approval as of the effective date of these provisions shall be subject to all of the requirements thereto, others shall be subject to existing ordinances. Page 1'15 Section 3-25: ORDINANCE PART OF OFFICIAL PLAN This Ordinance shall be and is hereby made a part of the Official Plan of Plainfield, Known as Ordinance No.. 2 0 91. PASSED THIS 2 5 DAY OF February 2002. NAYS: Richard A. ock Village President Page 176