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
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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
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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
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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
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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
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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.
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$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
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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.
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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.
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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;
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(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.
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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.
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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
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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.
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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
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(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
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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.
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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;
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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
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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;
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(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
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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
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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
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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).
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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
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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
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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.
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(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
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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
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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.
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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.
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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:
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(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.
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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
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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
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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
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(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%.
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(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
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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,
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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
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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
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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-
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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
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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
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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.
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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.
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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,
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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.
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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.
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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.
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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
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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.
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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.
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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
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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
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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.
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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.
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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.
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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
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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
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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
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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
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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.
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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;
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(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.
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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;
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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.
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(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
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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
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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.
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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:
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(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.
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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 .
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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;
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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
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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
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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.
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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
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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
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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;
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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;
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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
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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.
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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
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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
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