The McLean County Board hereby finds that vegetated buffers
adjacent to stream systems provide environmental protection and resource
management benefits that include the following:
A.
Restoring and maintaining the chemical, physical and biological integrity
of water resources.
B.
Removing pollutants delivered from urban stormwater.
C.
Reducing erosion and sediment entering streams.
D.
Stabilizing stream banks.
E.
Providing infiltration of stormwater runoff.
F.
Maintaining base flow of streams.
G.
Contributing to the organic matter that is a source of food and energy
for the aquatic ecosystem.
H.
Providing tree canopy to shade streams and promote desirable aquatic
organisms.
I.
Providing riparian wildlife habitat.
J.
Furnishing scenic value and recreational opportunity.
The McLean County Board therefore declares that the purpose
of this article is to protect, establish and maintain vegetation in
buffer and wetland areas by implementing specifications for the establishment,
protection and maintenance of vegetation along all stream systems
within its jurisdictional authority. Furthermore, it is the intent
of the McLean County Board to establish minimal, acceptable requirements
for the design of buffers to protect the streams, wetlands, and floodplains
of the County; to protect the water quality of watercourses, reservoirs,
lakes and other significant water resources within the County; to
protect the County's riparian and aquatic ecosystems; and to
provide for the environmentally sound use of the County's land
resources.
When used in this article, the following terms shall have the
meanings indicated:
The area of the stream channel that is subject to frequent
flows (approximately once per 1 1/2 years) and that includes
the portion of the channel below the floodplain and the floodway.
The flood having a one-percent probability of being equaled
or exceeded in any given year. The base flood is also known as the
"one-hundred-year flood."
Conservation practices or management measures that control
soil loss and reduce water quality degradation caused by nutrients,
animal wastes, toxins, sediment and runoff; also identified as BMPs.
A vegetated area, including trees, shrubs, and herbaceous
vegetation, that exists or is established to protect a stream system,
lake or reservoir. Alteration of this area is strictly limited.
Unincorporated areas of the County.
Any human-made alteration of property for any purpose including
but not limited to clearing, stripping, grading, filling and construction
activities.
Subdivision or the division of a tract or parcel of land into
two or more parcels.
The combination of any two or more lots, tracts, or parcels
of property for any purpose.
The preparation of land for any of the above purposes.
Those areas that are subject to inundation by the base flood
and identified as such on the most recent Flood Insurance Rate Map
of McLean County, Illinois and incorporated areas prepared by the
Federal Emergency Management Agency, a copy of which is on file in
the Department of Building and Zoning.
That portion of the floodplain identified as such on the
most recent Flood Insurance Rate Map for McLean County, Illinois and
incorporated areas prepared by the Federal Emergency Management Agency,
a copy of which is on file in the Department of Building and Zoning.
Pollution that is generated by land use activities (rather
than pollution from an identifiable or discrete source) and is conveyed
to waterways through natural processes such as rainfall, stormwater
runoff, or groundwater seepage rather than direct discharges.
Property not influenced by tidal fluctuations that is inundated
or saturated by surface water or groundwater at a frequency and duration
sufficient to support, and that under normal circumstances does support,
a prevalence of vegetation typically adapted for life in saturated
soil conditions.
Those lands subject to inundation by the one-hundred-year
flood or the flood having a one-percent probability of being equaled
or exceeded in any given year.
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.
Any contamination or alteration of the physical, chemical
or biological properties of any waters that will render the waters
harmful or detrimental to:
Any property in the unincorporated areas of the County:
Designated as a stream system on the stream buffer map attached
hereto as Appendix A, together with the buffer areas defined in this
article based on stream order; and
Any stream system located and identified by the Director of
Building and Zoning based on field observation or on information supplied
to the Director, together with the buffer areas defined in this article
based on stream order.
Part of a watercourse either naturally or artificially created
that contains an intermittent or perennial base flow of groundwater
origin. Base flows of groundwater origin can be distinguished by any
of the following physical indicators:
Hydrophytic vegetation, hydric soil, or other hydrologic indicators
in the area(s) where groundwater enters the stream channel in the
vicinity of the headwaters, channel bed, or channel banks.
Flowing water not directly related to a storm event.
Historical records of a local high groundwater table, such as
well and stream gauge records.
A classification system for streams based on a stream hierarchy.
The smaller the stream, the lower its numerical classification. For
example, a first-order stream does not have tributaries and normally
originates from springs and/or seeps.
Perennial and intermittent watercourses identified through
site inspection and the McLean County Stream Order Map.
A stream channel together with one or both of the following:
A land use or activity that causes a relatively high risk
of potential water pollution.
A.
When subdividing land according to this chapter, it shall be unlawful
for any person to undertake, initiate or cause to occur on any protected
property in the County without first complying with the requirements
of this article and obtaining a site development permit from the County
for such activity.
B.
The obligation to comply with this article shall not apply in the
following instances:
(1)
That part of any development for which a waiver or variance is granted
pursuant to the terms of this article.
(3)
All property zoned A Agriculture District.
(4)
Any development for which a valid building or site development permit
or subdivision plan was issued or approved prior to the effective
date of this article, and such permit or plan has not expired.
(5)
All property zoned R-1 Single Family Residence District and R-2 Two
Family Residence District prior to the effective date of this article.
A.
Application for a site development permit shall be made by the owner of the property or his authorized agent to the Department of Building and Zoning on a form furnished for that purpose. Each application shall bear the name(s) and address(es) of the owner and 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 and shall be accompanied by a filing fee as set forth in Chapter 205, Fees. (A separate filing fee shall not be required for applications processed as part of the subdivision process.) Each application shall include certification that any site development shall be in accordance with the plans approved upon issuance of the permit. A licensed professional engineer shall sign each application for more than five acres.
[Amended 2-17-2015]
B.
The application shall set forth an informative, conceptual and schematic
representation of the proposed activity by means of maps, graphs,
charts, or other written or drawn documents so as to enable the Director
of Building and Zoning an opportunity to make a reasonably informed
decision regarding the proposed activity and whether it complies with
this article.
C.
The application shall contain the following information for the proposed
activity:
(1)
Location or vicinity map.
(2)
Field-delineated and -surveyed streams, springs, seeps, bodies of
water, and wetlands (include a minimum of 200 feet into adjacent properties).
(3)
Field-delineated and -surveyed forest buffers.
(4)
Limits of the ultimate one-hundred-year floodplain.
(5)
Hydric soils mapped in accordance with the NCRS soil survey of the
site area.
(6)
Steep slopes greater than 15% for areas adjacent to and within 200
feet of streams, wetlands and other water bodies.
(7)
A narrative of the species and distribution of existing vegetation
within the buffer zone required by this article.
E.
Review and approval. Each application for a site development permit
shall be reviewed and acted upon according to the following procedures:
(1)
The Director of Building and Zoning will review each application
for a site development permit to determine its conformance with the
provisions of this article. The Director may also refer any application
to the McLean 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 90 days after receiving
an application, the Director of Building and Zoning shall, in writing:
(a)
Approve the permit application if it is found to be in conformance
with the provisions of this article 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
article, and issue the permit subject to these conditions;
(c)
Request changes and/or additional information necessary to secure
substantially the objectives of this article, and indicate the procedure
for submitting a revised application; or
(d)
Disapprove the permit application, indicating the deficiencies
and the procedure for submitting a revised application and/or submission.
(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 County where applicable;
and
(b)
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.
F.
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 year or is not completed by a date which
shall be specified in the permit; except that the County may, if the
permittee presents satisfactory evidence that unusual difficulties
have prevented work from 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 County may require
modification of the stream buffer plan to prevent any increase in
water pollution or sediment runoff resulting from any extension.
G.
Appeals. The applicant may appeal the decision of the Director of
Building and Zoning as provided in this section to the Zoning Board
of Appeals. Upon receipt of an appeal, the Zoning Board of Appeals
shall schedule and hold a public hearing after giving notice thereof
as required by law. The Zoning Board of Appeals shall render a decision
within 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 drainageways; nature and
type of soil 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. The decision of the Zoning Board
of Appeals shall be final.
H.
Retention of plans. Plans, specifications, and reports for all site
developments shall be retained by the County.
A buffer for a stream system shall extend along both sides of
a stream and include a minimum distance adjacent to wetlands, floodplains
and slopes. The buffer width shall be adjusted to include contiguous
sensitive areas, such as steep slopes or erodible soils, where development
or disturbance may adversely affect water quality, streams, wetlands,
or other water bodies.
A.
The buffer shall begin on each side of the stream bank of the active
channel and floodway in accordance with the following minimum criteria.
Figure 1: Stream Order (Source: Schueler, 1995)
|
(1)
The required width for all buffers (i.e., the base width) shall be
in the areas described below:
|
Stream Order
|
Required Buffer Width
| |
|---|---|---|
|
1
|
10 feet from the center line on each side
| |
|
2
|
25 feet from the center line on each side
| |
|
3
|
50 feet on each side of the stream bank of the active channel
and floodway
| |
|
4
|
100 feet on each side of the stream bank of the active channel
and floodway
| |
|
5
|
100 feet on each side of the stream bank of the active channel
and floodway
| |
|
6
|
100 feet on each side of the stream bank of the active channel
and floodway
|
(2)
Steep slopes. The buffer width shall be modified if steep slopes
are within close proximity to the stream and drain into the stream
system. In those cases, the buffer width shall be adjusted by either
Method A or Method B below.
|
Method A
| ||
|---|---|---|
|
Percent Slope
|
To Total Width of Buffer
| |
|
15% to 17%
|
Add 10 feet
| |
|
18% to 20%
|
Add 30 feet
| |
|
21% to 23%
|
Add 50 feet
| |
|
24% to 25%
|
Add 60 feet
| |
|
Method B
Type of Stream Use
| |||
|---|---|---|---|
|
Percent Slope
|
Water Contact/ Recreational Use
|
Sensitive Stream Habitat
| |
|
0 to 14%
|
No change
|
Add 50 feet
| |
|
15% to 25%
|
Add 25 feet
|
Add 75 feet
| |
|
Greater than 25%
|
Add 50 feet
|
Add 100 feet
| |
(3)
One-hundred-year floodplain. Where the floodplain extends beyond
the minimum buffer width as specified above, then buffers shall be
extended to encompass the entire one-hundred-year floodplain and a
zone with a minimum width of 25 feet beyond the edge of the floodplain.
(4)
Wetlands or critical areas. When wetlands or critical areas extend
beyond the edge of the required buffer width, the buffer shall be
adjusted so that the buffer consists of the extent of the wetlands
plus a twenty-five-foot zone extending beyond the wetlands edge.
(5)
The buffer width may be reduced at some points as long as the average
width of the buffer meets the minimum requirement. This averaging
of the buffer may be used to allow for the presence of an existing
structure or to recover a lost lot (due to these regulations), as
long as the streamside zone (Zone 1) is not disturbed by the reduction
and no new structures are built within the one-hundred-year floodplain.
The Director of Building and Zoning may require the submission of
additional information to evaluate the proposed width reduction. Such
reduction shall only be allowed where no feasible alternative exists.
B.
Water pollution hazards. The following land uses and/or activities
are designated as potential water pollution hazards and must be set
back from any stream or water body by the distance indicated by the
width of the buffer or the width indicated below, whichever is greater:
(1)
Storage of hazardous substances: 150 feet.
(2)
Aboveground or underground petroleum storage facilities: 150 feet.
(3)
Drain fields for sewage disposal and treatment systems are not allowed
in the stream buffer if the stream buffer is in a floodplain.
(4)
Solid waste landfills or junkyards: 300 feet.
(5)
Surface discharges from a wastewater treatment plant are not allowed
in the stream buffer.
(6)
Land application biosolids: 200 feet.
C.
The stream buffer shall be composed of three distinct zones, with
each zone having its own set of allowable uses and vegetative targets
as specified in this article.
Figure 2: Three Zone Buffer System (Adapted from Welsch,
1991)
|
(1)
Zone 1, Streamside Zone.
(a)
The Streamside Zone protects the physical and ecological integrity
of the stream ecosystem.
(b)
The Streamside Zone begins at the edge of the stream bank of
the active channel and extends 25 feet or the width of the stream
buffer from the top of the bank, whichever is less.
(d)
The target for the Streamside Zone is undisturbed natural vegetation.
(2)
Zone 2, Middle Zone.
(a)
The Middle Zone protects key components of the stream and provides
distance between upland development and the Streamside Zone.
(b)
The Middle Zone begins at the outer edge of the Streamside Zone and extends a minimum of 50 feet or to the middle of the stream buffer, whichever is less. Additional buffer width is specified in Subsection A(1).
(d)
Targets mature native vegetation adapted to the region.
(3)
Zone 3, Outer Zone.
(a)
The Outer Zone provides a traditional greenspace between development
and sensitive Zone 1 and 2 areas, preventing encroachment of impervious
cover into the buffer, and filters runoff from residential and commercial
development.
(b)
The Outer Zone begins at the outward edge of Zone 2 and provides
a minimum width of 25 feet between Zone 2 and the nearest permanent
structure, or the width of the stream buffer, whichever is less.
(c)
The Outer Zone restricts permanent structures or impervious
cover with the exception of paths.
(d)
The Outer Zone encourages the planting of native vegetation
to increase the total width of the buffer.
D.
Stream restoration.
(1)
In cases in which the Director of Building and Zoning determines
that a waterway is significantly degraded, he/she may authorize or
require stream restoration rather than protection of the waterway
in its existing condition. Significant degradation shall be determined
by the presence of any of the following:
(a)
Erosion present to the degree that waterway banks are unstable.
(b)
Sedimentation present to the degree that aquatic plant life
is restricted.
(c)
History of flooding.
(d)
Bank scour caused by high water velocity.
(e)
Channelization, the straightening and/or deepening of streams.
(f)
Presence of nonnative, invasive plant species.
(2)
Stream restoration is the process of returning a waterway and its
surrounding ecosystem to a close approximation of its condition prior
to disturbance. Stream restoration may include activities such as
remeandering a channelized waterway, revegetating a waterway with
appropriate native plantings, and regrading a waterway to mitigate
scouring and erosion problems.
E.
Stream buffer areas may grow into their natural vegetative state,
but methods to enhance the vegetation may be required when deemed
necessary by the Director of Building and Zoning to ensure the preservation
and propagation of the buffer area. Buffer areas may also be enhanced
through reforestation or other growth techniques as a form of mitigation
for achieving buffer preservation requirements. The Director of Building
and Zoning may require planting of vegetation from the following stream
buffer plant list.
(1)
The
following plants are acceptable for replanting in the buffer area.
(a)
Trees.
[1]
Flood-tolerant native Northern Illinois trees.
|
Common Name
|
Botanical Name
| |
|---|---|---|
|
River birch
|
Betula nigra
| |
|
Hophornbeam
|
Carpus caroliniana
| |
|
Green ash
|
Fraxinus pennsylvanica
| |
|
American larch
|
Larix laricina
| |
|
Red mulberry
|
Morus rubra
| |
|
Sycamore
|
Platinus occidentalis
| |
|
Eastern cottonwood
|
Populus deltoids
| |
|
Swamp white oak
|
Quercus bicolor
| |
|
Black willow
|
Salix nigra
| |
|
Bald cypress
|
Taxodium distichum
| |
|
White cedar
|
Thuja occidentalis
| |
|
American elm
|
Ulmus americana
|
[2]
Flood-tolerant native Northern Illinois shrubs.
|
Common Name
|
Botanical Name
| |
|---|---|---|
|
False indigo
|
Amorpha fruticosa
| |
|
Red chokeberry
|
Aronia arbutifolia
| |
|
Buttonbush
|
Cephalanthus occidentalis
| |
|
Silky dogwood
|
Cornus amomum
| |
|
Gray dogwood
|
Cornus racemosa
| |
|
Red-osier dogwood
|
Cornus serica
| |
|
Cockspur hawthorn
|
Crataegus crus-galli
| |
|
Spicebush
|
Lindera benzoin
| |
|
Ninebark
|
Physocarpus opulifilius
| |
|
American black currant
|
Ribes americanum
| |
|
Wild gooseberry
|
Ribes missouriense
| |
|
Swamp rose
|
Rosa palustris
| |
|
Peachleaf willow
|
Salix amygdaloides
| |
|
Pussy willow
|
Salix discolor
| |
|
Sandbar willow
|
Salix interior
| |
|
Elderberry
|
Ambucus canadensis
| |
|
Meadowsweet
|
Spirea alba
| |
|
Arrowwood viburnum
|
Viburnum dentatum
| |
|
Nannyberry
|
Viburnum lentago
| |
|
Highbush cranberry
|
Viburnum trilobum
|
[3]
Flood-tolerant native Northern Illinois vines.
|
Common Name
|
Botanical Name
| |
|---|---|---|
|
Groundnut
|
Apios americana
| |
|
Virgin's bower
|
Clematis virginiana
| |
|
Riverbank grape
|
Vitis riparia
|
(b)
Seed mixes: detention basin seed mix (for saturated soils in
a wetlands or pond with highly fluctuating water levels and poor water
quality associated with urban stormwater wetlands and ponds).
(c)
Permanent grasses/sedges.
|
Common Name
|
Botanical Name
| |
|---|---|---|
|
Brown fox sedge
|
Carex vulpinoidea
| |
|
Barnyard grass
|
Echinochloa crus-galli
| |
|
Blunt spike rush
|
Eleicharis obtusa
| |
|
Fowl manna grass
|
Glyceria striata
| |
|
Common rush
|
Juncus effuses
| |
|
Torrey's rush
|
Juncus torreyi
| |
|
Rice cut grass
|
Leersia oryzoides
| |
|
Switch grass
|
Panicum virgatum
| |
|
Great Bulrush (softstem)
|
Scirpus validus creber
|
(d)
Temporary cover.
|
Common Name
|
Botanical Name
| |
|---|---|---|
|
Redtop
|
Agrostis alba
| |
|
Seed oats
|
Avena sativa
| |
|
Annual rye
|
Lolium multiflorum
|
[1]
Forbs and shrubs.
|
Common Name
|
Botanical Name
| |
|---|---|---|
|
Wingstem
|
Actinomeris alternifolia
| |
|
Common water plantain
|
Alisma subcordatum
| |
|
Swamp milkweed
|
Asclepias incarnata
| |
|
Bidens, various
|
Bidens sp.
| |
|
Buttonbush
|
Cephalanthus occidentalis
| |
|
Rosemallow, various
|
Hibiscus sp.
| |
|
Monkey flower
|
Mimulus ringens
| |
|
Ditch stonecrop
|
Penthorum sedoides
| |
|
Smartweed
|
Polygonum pennsylvanicum
| |
|
Common arrowhead
|
Sagittaria latifolia
| |
|
Wetland edge seed mix (for sites with stable saturated soil
conditions and good water quality)
|
[2]
Permanent grasses/sedges.
|
Common Name
|
Botanical Name
| |
|---|---|---|
|
Bottlebrush sedge
|
Carex lurida
| |
|
Sedge, various
|
Carex sp.
| |
|
Brown fox sedge
|
Carex vulpinoidea
| |
|
Great spike rush
|
Eleocharis palustris major
| |
|
Canada wild rye
|
Elymus canadensis
| |
|
Fowl manna grass
|
Glyceria striata
| |
|
Rice cut grass
|
Leersia oryzoides
| |
|
Dark green rush
|
Scirpus atrovirens
| |
|
Chairmaker's rush
|
Scirpus pungens
| |
|
Great bulrush (softstem)
|
Scirpus validus creber
|
(e)
Temporary cover.
|
Common Name
|
Botanical Name
| |
|---|---|---|
|
Seed oats
|
Avena sativa
| |
|
Annual rye
|
Lolium multiflorum
| |
|
Wingstem
|
Actinomeris alternifolia
| |
|
Slender false foxglove
|
Agalinis tenuifolia
| |
|
Common water plantain
|
Alisma subcordatum
| |
|
Swamp milkweed
|
Asclepias incarnate
| |
|
Panicled aster
|
Aster simplex
| |
|
Bidens, various
|
Bidens sp.
| |
|
Wild senna
|
Cassia hebecarpa
| |
|
Common boneset
|
Eupatorium perfoliatum
| |
|
Sneezeweed
|
Helenium autumnale
| |
|
Blue flag iris
|
Iris virginica shrevei
| |
|
Great blue lobelia
|
Lobelia siphilitica
| |
|
Seedbox
|
Ludwigia alternifolia
| |
|
Monkey flower
|
Mimulus ringens
| |
|
Wild golden glow
|
Rudbeckia laciniata
| |
|
Common arrowhead
|
Sagittaria latifolia
| |
|
Blue vervain
|
Verbena hastate
| |
|
Ironweed, various
|
Vernonia sp.
|
[1]
Forbs: wet-to-mesic prairie seed mix (for sites with medium
to wet soils)
[2]
Permanent grasses/sedges.
|
Common Name
|
Botanical Name
| |
|---|---|---|
|
Big bluestem grass
|
Andropogon gerardii
| |
|
Blue joint grass
|
Calamagrostis canadensis
| |
|
Canada wild rye
|
Elymus canadensis
| |
|
Switch grass
|
Panicum virgatum
| |
|
Indian grass
|
Sorghastrum nutans
| |
|
Prairie cord grass
|
Spartina pectinata
|
(f)
Temporary cover.
|
Common Name
|
Botanical Name
| |
|---|---|---|
|
Redtop
|
Agrostis alba
| |
|
Seed oats
|
Avena sativa
| |
|
Annual rye
|
Lolium multiflorum
| |
|
Timothy
|
Phleum pretense
|
[1]
Forbs.
|
Common Name
|
Botanical Name
| |
|---|---|---|
|
Heath aster
|
Aster ericoides
| |
|
New England aster
|
Aster novae-angliae
| |
|
White wild indigo
|
Baptisia leucantha
| |
|
Partridge pea
|
Cassia fasciculata
| |
|
Tall coreopsis
|
Coreopsis tripteris
| |
|
Illinois tick trefoil
|
Desmodium illinoense
| |
|
Rattlesnake master
|
Eryngium yuccifolium
| |
|
Bottle gentian
|
Gentiana andrewsii
| |
|
Sneezeweed
|
Helenium autumnale
| |
|
Sawtooth sunflower
|
Helianthus grosseserratus
| |
|
Roundheaded bush clover
|
Lespedeza capitata
| |
|
Marsh blazing star
|
Liatris spicata
| |
|
Prairie bergamot
|
Monarda fistulosa
| |
|
Wild quinine
|
Parthenium integrifolium
| |
|
False dragonhead
|
Physostegia virginianum
| |
|
Common mountain mint
|
Pycnanthemum virginianum
| |
|
Yellow coneflower
|
Ratidbida pinnata
| |
|
Black-eyed Susan
|
Rudbeckia hirta
| |
|
Wild golden glow
|
Rudbeckia laciniata
| |
|
Sweet black-eyed Susan
|
Rudbeckia subtomentosa
| |
|
Compass plant
|
Silphium laciniatum
| |
|
Cup plant
|
Silphium perfoliatum
| |
|
Prairie dock
|
Silphium terebinthinaceum
| |
|
Early goldenrod
|
Solidago juncea
| |
|
Stiff goldenrod
|
Solidago rigida
| |
|
Wrinkled goldenrod
|
Solidago rugosa
| |
|
Spider-wort
|
Tradescantia ohioensis
| |
|
Hairy tall ironweed
|
Vernonia altissima taeniotriche
| |
|
Culver's root
|
Veronicastrum virginianum
| |
|
Golden Alexanders
|
Zizia aurea
|
(2)
Invasive species. The following plants are exceptionally invasive
and will damage native ecosystems. Most of these plants are on the
Illinois Banned Species List and are illegal to buy, sell, or plant
in the State of Illinois.
|
Common Name
|
Botanical Name
| |
|---|---|---|
|
Tree of Heaven
|
Ailanthus altissima
| |
|
Autumn olive
|
Eleagnus embellatus
| |
|
Tartarian honeysuckle
|
Lonicera tartarica
| |
|
Glossy buckthorn
|
Rhamnus frangula
| |
|
Common buckthorn
|
Rhamnus cathartica
| |
|
Saw-toothed buckthorn
|
Rhamnus arguta
| |
|
Dahurain buckthorn
|
Rhamnus davurica
| |
|
Japanese Buckthorn
|
Rhamnus japonica
| |
|
Chinese buckthorn
|
Rhamnus utilis
| |
|
Kudzu
|
Pueraria lobata
| |
|
Round-leaved bittersweet
|
Celastrus orbiculatus
| |
|
Japanese honeysuckle
|
Lonicera japonica
| |
|
Multiflora rose
|
Rosa multiflora
| |
|
Purple loosestrife
|
Lythrum salicaria
|
The buffer, including wetlands and floodplains, shall be managed to enhance and maximize the unique value of these resources. Buffers shall be vegetated either in their natural state or using appropriate nursery stock vegetation as noted in § 317-46E. Soil disturbance in buffer areas shall be minimized. Every attempt should be made to reduce or eliminate cut and fill activities, topsoil respread, and soil compaction. Maintaining existing and/or development of buffer areas in naturally occurring soils is preferred. Where necessary, invasive species removal may be allowed prior to establishment of native vegetation. Management includes specific limitations on alteration of the natural conditions of these resources.
A.
The following practices and activities are prohibited within Zones
1 and 2 of the buffer unless prior approval is obtained from the Director
of Building and Zoning:
(1)
Clearing of existing vegetation.
(2)
Soil disturbance by grading, stripping or other practices.
(3)
Filling or dumping.
(4)
Drainage by ditching, underdrains or other systems.
(5)
Use, storage, or application of pesticides, except for spot spraying
of noxious weeds or nonnative species consistent with recommendations
of the County; and the approved use of pesticides to mitigate or prevent
risks to the public's health applied by an Illinois Department
of Agriculture licensed pesticide applicator/operator or persons certified
by the Illinois Department of Agriculture for special applications.
(6)
Housing, grazing, or other maintenance of livestock.
(7)
Storage or operation of motorized vehicles, except for maintenance
and emergency use approved by the Director of Building and Zoning.
B.
The following structures, practices, and activities are permitted
in the buffer with specific design or maintenance features, subject
to review and approval of the Director of Building and Zoning:
(1)
Roads, bridges, paths, and utilities.
(a)
An analysis needs to be conducted to ensure that no economically
feasible alternative to the proposed road, bridge, path, or utility
is available.
(b)
The right-of-way shall be the minimum width needed to allow
for maintenance access and installation.
(c)
The angle of the crossing shall be perpendicular to the stream
or buffer in order to minimize clearing requirements.
(d)
A minimum number of road crossings shall be used, with no more
than one crossing for every 1,000 lineal feet of buffer for stream
classification 3 or greater.
(2)
Stormwater management, structures and facilities.
(a)
An analysis needs to be conducted to ensure that no economically
feasible alternative to the proposed stormwater management facility
is available and that a project is either necessary for flood control
or significantly improves the water quality or habitat in the stream.
(b)
In new developments, which include Stream Order 3 or higher,
on-site and nonstructural alternatives will be preferred over larger
facilities within the stream buffer.
(c)
When constructing stormwater management facilities, the area
cleared will be limited to the area required for construction and
adequate maintenance access as outlined in the most recent edition
of the Illinois Urban Stormwater Manual published by the United States
Department of Agriculture, Natural Resources Conservation Service.
(d)
Material dredged or otherwise removed for a stormwater management
facility shall be stored outside the buffer.
(3)
Stream restoration projects.
(4)
Water quality monitoring and stream gauging.
(5)
Individual trees within the buffer that are in danger of falling,
causing damage to dwellings or other structures, or causing blockage
of the stream may be removed.
(6)
Other timber-cutting techniques approved by the County may be undertaken
within the buffer under the advice and guidance of IDNR or a horticulturalist
if necessary to preserve the buffer from extensive pest infestation,
disease infestation, or threat from fire.
C.
All preliminary plans and final plats shall clearly:
(1)
Show the extent of any buffer on the subject property.
(2)
Label the buffer.
(3)
Provide a note stating that disturbance and use of the buffer area
is subject to restrictions pursuant to steam buffer requirements.
(4)
Provide an ingress/egress easement to the stream buffer area in favor
of the County for stream buffer inspection purposes.
D.
The Director of Building and Zoning shall inspect the buffer annually
and immediately following severe storms for evidence of sedimentation
deposition, erosion, or concentrated flow channels and recommend to
the buffer owner corrective actions to ensure the integrity and function
of the buffer.
E.
Buffer areas may be allowed to grow into their vegetative target
state naturally, but methods to enhance the successional process,
such as active restoration, may be used when approved by the Director
of Building and Zoning to ensure the preservation and propagation
of the buffer area. Forest buffer areas may also be enhanced through
reforestation or other growth techniques as a form of mitigation for
achieving buffer preservation requirements.
F.
Permanent boundary markers, in the form of signage approved by the
County, shall be installed prior to the beginning of construction.
Signs shall be placed at the outer edge of the middle zone.
A.
The Director of Building and Zoning and the Director's designee
are authorized and empowered to enforce the requirements of this article
in accordance with the procedures of this section.
B.
The Director of Building and Zoning or designee 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 permit as approved. The applicant
shall maintain and make available upon demand the approved stream
buffer plan bearing the stamp of approval of the County.
(1)
In order to obtain inspections and to ensure compliance with the
approved plan and this article, the permittee shall notify the County
within two working days of the completion of the construction stages
specified below:
(a)
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;
(b)
After stripping and clearing (if over one acre);
(c)
After rough grading (if over one acre);
(d)
After final grading;
(e)
After seeding and landscaping deadlines (if over one acre);
and
(f)
After final stabilization and landscaping, prior to removal
of sediment controls.
(2)
If site development is 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 County from the permittee, the
permittee may continue work at his/her own risk without presuming
acceptance by the County. Notification of the results of the inspection
shall be given in writing.
C.
Special precautions.
(1)
If at any stage of the development the County 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 County may require,
as a condition of allowing the work to be done, that such reasonable
special precautions to be taken as are 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, berms, 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.
(2)
Where it appears that storm damage may result because the grading
on any development site is not complete, work may be stopped and the
permittee 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 County 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 ensure completion of protective measures or devices prior
to the advent of seasonal rains.
D.
Amendment of plans. Major amendments of the site development permit
or stream buffer plan shall be submitted to the Director of Building
and Zoning and shall be processed and approved or disapproved in the
same manner as the original plan. Field modifications of a minor nature
may be authorized by the Director of Building and Zoning by written
authorization to the permittee. The County Engineer shall be authorized
to determine the level of modification.
E.
Stop-work order; revocation of permit. In the event any person holding
a site development permit pursuant to this article 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 the
public or so as to be materially detrimental to the public welfare
or injurious to property, the County may suspend or revoke the site
development permit.
(1)
Suspension of a permit shall be by a written stop-work order issued by the County 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 Zoning Board of Appeals at which the conditions of Subsection E(2) below can be met.
(2)
No site development permit shall be permanently suspended or revoked
until a hearing is held by the Zoning Board of Appeals.
(b)
Such notice shall be served on the permittee at least five days
prior to the date set for the 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 Zoning Board of Appeals shall determine whether the permit shall
be suspended or revoked or the plan modified. In making its decision,
the Zoning Board of Appeals shall issue written findings of fact supporting
its decision.
F.
Penalties.
(1)
Any person convicted of violating any provision of this article or
any approved stream buffer plan shall be punished by a fine not to
exceed $1,000 for each violation. Every day that such violation(s)
continues will be considered a separate offense.
(2)
Any person who knowingly makes any false statements in any application,
record, or plan required by this article shall, upon conviction, be
punished by a fine of not more than $1,000 for each violation.
G.
Injunctive relief. If a property owner or permit holder fails, after
10 days' notice, to correct any violation of this article or violation
of any approved permit and stream buffer plan, the Director of Building
and Zoning may make application to the Circuit Court for an injunction
requiring conformance with this article or other equitable relief
necessary in order to secure compliance with this article. If the
Director of Building and Zoning is authorized to enter onto private
property to restore a stream buffer, the owner shall be liable for
damages in an amount equal to twice the cost of restoring the buffer.
A.
The Zoning Board of Appeals may, in accordance with the following
procedures, authorize exceptions to any of the requirements and regulations
set forth in this article.
(1)
A verified petition of the applicant for a site development permit
stating fully the grounds of the petition shall make application for
any exception and the facts relied upon by the applicant. Such petition
shall be filed with the site development permit application. In order
for the petition to be granted, it shall be necessary that the Zoning
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 article;
(b)
That the exception is necessary for reasonable use of the site
and in order to avoid a substantial loss in value of the site; 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.
(2)
Each application for an exception shall be referred to the Director
of Building and Zoning for review. The County shall transmit its recommendations
to the Zoning Board of Appeals, which shall review such recommendations
prior to granting or denying the exception.
(3)
The Zoning Board of Appeals shall hold a public hearing on each application
for exception within 30 days after receiving application. After the
public hearing, the Zoning Board of Appeals 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
in order to meet the purpose and intent of this article.
Where the standards and management requirements of this stream
buffer article are in conflict with other laws, regulations and policies
regarding streams, steep slopes, erodible soils, wetlands, floodplains,
timber harvesting, land disturbance activities, or other environmental
protective measures, the more restrictive code or regulation shall
apply.
