Village of Bannockburn, IL Article III Site Development Permits

§ 196-5 General regulations.

A. Regulated development. No person, firm, corporation, or governmental agency, unless specifically exempted, shall commence any development regulated by this Part 1 on any lot or parcel of land in the Village without first obtaining a site development permit. A permit shall be issued if the proposed development meets the requirements of this Part 1. A site development permit is required for any development, including finalization of a plat, replat, lot-split, or planned unit development, which:

(1) Is located in a regulatory floodplain, including all one-hundred-year-frequency floodplains draining greater than 100 acres and all depressional storage areas with a surface area greater than 1/4 acre at the one-hundred-year-frequency event; or

(2) Disturbs a cumulative total of one or more acres of wetlands; or

(3) Modifies a watercourse where the tributary drainage area is 20 or more acres; or

(4) Is the land area of an undeveloped ownership parcel, or the undeveloped land area of an ownership parcel developed prior to the effective date of this Part 1 and consists of:

(a) Single-family detached residential developments with five or more units; or

(b) Multifamily, nonresidential, and other developments of three acres or more in size, or which will result in an impervious surface area of 50% or more of the development site; or

(c) Any public road construction project resulting in more than 1.5 acres of additional impervious surface per mile on linear projects, or more than one acre of additional impervious surface per nonlinear project.

B. Exempted development. No site development permit is required for any development for which there exists, prior to the effective date of this Part 1:

(1) An approved building permit; or

(2) An a) approved preliminary plat or b) annexation agreement or c) in the case of industrial or commercial subdivision replatting, no increase in the approved floor area ratio or impervious surface area for developments without a previously approved floor area ratio, from an appropriate municipality or from Lake County, that includes an engineering study with a drainage component consistent with § 196-6B(2)(e), and consistent with ordinances then enforced by the appropriate municipality or Lake County; however, in this case the proposed development is not exempt from meeting the floodplain development standards of § 196-7; or

(3) In the case of a public road development project a) an awarded construction contract; or b) an approved preliminary engineering plan consistent with the applicable ordinances or regulations of an appropriate jurisdictional authority. However, in this case the proposed development is not exempt from meeting the floodway standards in § 196-7C and D of this article.

C. Development classification. All activities requiring a site development permit shall be classified as a minor, major, or public road development. The definition for each classification follows:

(1) Minor development. A minor development is defined as any development that:

(a) Is not located in depressional storage area larger than 0.5 acre-foot or is not located in any other portion of a regulatory floodplain; or

(b) Does not disturb a cumulative total of one or more acres of wetlands; or

(c) Modifies a watercourse less than 100 acres; or

(d) Consists of:

[1] Single-family detached residential development of less than 10 acres; or

[2] Single-family detached residential development of 10 acres or more with a gross density of less than 0.5 unit per acre, and an impervious cover area of less than 15%; or

[3] Multifamily, nonresidential, and other developments of less than three acres requiring a site development permit.

(2) Public road development. A public road development is defined as any development activity which takes place in a highway right-of-way or part thereof that is administered and funded by a public agency under its respective highway jurisdiction. Rehabilitative maintenance and in-kind replacement are not considered to be a public road development and do not require a permit, unless located in a regulatory floodway.

(3) Major development. A major development is defined as all other development.

D. Approvals prior to permitting. Prior to the issuance of a watershed development permit, the applicant may request a conditional approval or an earth change approval.

(1) Conditional approval. Conditional approval of the regulatory floodplain and floodway delineation, flood conveyance path, wetland delineation, runoff volume reduction hierarchy, and the detention and bypass computations for a development may be granted by the enforcement officer. The conditional approval will be based on conformance with the performance standards, and the submittal of the appropriate application requirements as listed in §§ 196-6, 196-7, 196-8 and 196-9.

(2) Earth change approval. If all the performance standards and application requirements in §§ 196-6, 196-7, 196-8 and 196-9 have been met, except for obtaining all the required local, state, and federal approvals, a request for the commencement of grading activities may be made on a site prior to the issuance of a site development permit. The proposed grading activity may commence only with written approval from the enforcement officer. The written approval will state the conditions and limitations of the proposed grading activities. No development activity may occur in those portions of the site for which state and federal permits are required, except for IEPA sewer and water extension permits.

E. Permit fees and application review. Each permit application shall be reviewed within 30 days after its receipt by the Village to determine whether it is complete. After the application is properly completed, it will be reviewed within 60 days, unless the enforcement officer informs the applicant of the need and cause for an extension. Two thirty-day extensions may be used by the enforcement officer to complete the application review. If the enforcement officer has not denied the permit application for cause after these time periods have elapsed, the application shall be deemed approved.

F. Contiguous property. To preclude inappropriate phasing of developments to circumvent the intent of this Part 1, when a proposed development activity will occur on a lot or parcel of land that has contiguous lots or parcels of lands owned by the same property owner, then the criteria as defined in this section will be applied to the total land area compiled from aggregate ownership parcels. If this aggregate ownership land area is greater than the minimum area requirements defined in § 196-5A, then a site development permit will be required.

G. Permit extensions and terminations. Causes for terminating a permit during its term or for denying a permit extension include, but are not limited to, the following:

(1) Noncompliance with any condition of the permit; or

(2) The permittee's failure to disclose fully all relevant facts in the application process or the permittee's misrepresentation of any relevant facts at any time; or

(3) If the authorized work is not commenced within three years after issuance of the permit or if the authorized work is suspended or abandoned for a period of 12 months after the time of commencing the work, unless an extension has been granted in writing by the enforcement officer. The extension should be requested of the enforcement officer in writing no later than 90 days prior to the termination of the permit.

H. Relationship of regulations to other laws. Nothing in these regulations shall relieve a property owner from the obligation to comply in all respects with all Village ordinances. Nothing in these regulations shall be deemed a grant of any right otherwise not permitted by Chapter 260, Zoning, of the Village Code or any other Village ordinance.

§ 196-6 Standards applicable to all development.

[Amended 5-22-2017 by Ord. No. 2017-12; 9-12-2018 by Ord. No. 2018-26]

The following performance standards, application requirements, and other provisions apply to all development requiring a permit, and the maintenance standards set forth in Subsection C shall apply to every pond, retention facility, and wet detention facility, whether established pursuant to a permit or otherwise.

A. Performance standards.

(1) Plats and site plans.

(a) The performance standards for all development shall be considered in site planning and appropriately addressed in the drainage plan component of plats, replats, manufactured home parks and planned unit developments.

(b) In addressing Subsection A(4), Runoff volume reduction hierarchy, streets, blocks, lots, easements, parks and other public grounds shall be located and lined out in such a manner as to preserve and utilize natural streams and channels whenever possible.

(c) Plats, replats, manufactured home parks, and planned unit developments shall show the base flood elevation (BFE) and floodway limits. The plats, replats, manufactured home parks, planned unit developments, or engineering plans and studies shall include a signed statement by a registered professional engineer that accounts for changes in the drainage of surface waters in accordance with the Plat Act.

(d) All plats and subdivisions which border on or include public bodies of water as defined by IDOT/DWR shall be submitted to IDOT/DWR for review and approval.

(e) Stormwater facilities shall be functional before building permits are issued for residential and nonresidential subdivisions.

(f) Stormwater facilities shall be functional where practicable for single-parcel developments before general construction begins.

(2) Runoff calculations.

(a) For areas 100 acres or greater in area, and for the determination of detention storage requirements, an approved hydrograph-producing runoff calculation method shall be used.

(b) The Rational Method may be used to calculate discharges for areas of less than 100 acres. The Rational Method shall not be used to determine detention storage requirements.

(c) Frequency Distributions and Hydroclimatic Characteristics of Heavy Rainstorms in Illinois, Bulletin 70, 1989 (Table 13), prepared by the Illinois State Water Survey, shall be used in determining design rainfall.

(d) Runoff calculations for all tributary land shall be based on anticipated future land use conditions or existing land use conditions, whichever yields the greater runoff. Anticipated future land use conditions, if approved by the SMC engineer, will be based on future land use and existing storage facilities. Future detention facilities may be used for anticipated future land use conditions, if approved by the SMC Chief Engineer, or for tributary drainage areas less than 100 acres, if approved by the enforcement officer. Existing land use conditions will be based on existing land use and existing storage facilities. For each storm event, runoff calculations will be based on the critical duration.

(e) Existing depressional storage volume will be maintained and the volume of detention storage provided to meet the requirements of this Part 1 shall be in addition to the existing storage.

(f) Where, in SMC's opinion, a fee in lieu of on-site detention is an option, the SMC will fund the cost to upgrade existing or future conveyance systems if the upgrade is consistent with an approved SMC basin plan.

(3) Release rates and discharges.

(a) Unless otherwise specified in an SMC-adopted basin plan, release rates shall not exceed 0.04 cubic foot per second per acre for the two-year, twenty-four-hour storm event or 0.15 cubic foot per second per acre for the one-hundred-year, twenty-four-hour storm event. The release rate requirement shall apply to the entire ownership parcel unless otherwise approved by the enforcement officer. The release rate requirements shall apply only to developments listed in Subsection A(4).

(b) All concentrated stormwater discharges leaving a site must be conveyed into a well-defined receiving channel with adequate downstream stormwater capacity.

(c) All areas of the development must be provided an overland flow path that will pass the one-hundred-year flow without damage to structures or property.

(d) The design of stormwater drainage systems shall not result in the interbasin transfer of drainage, unless no reasonable alternative exists and there is no legal restraint preventing such transfer.

(4) Runoff volume reduction hierarchy. An applicant shall choose a strategy to meet the release rate requirements that minimizes the increase in runoff volumes and rates from the development. The applicant shall use the following hierarchy in preparing a drainage plan:

(a) Preservation of floodplains and wetland areas.

(b) Minimization of impervious surfaces to be created on the property.

(c) Flow attenuation by use of open vegetated swales and retention of existing natural streams and channels.

(d) Infiltration of runoff on site.

(e) Stormwater retention structures.

(f) Wet detention structures.

(g) Dry detention structures.

(h) Storm sewers.

(5) Detention facilities.

(a) All stormwater infiltration, retention, and detention facilities shall be provided with an emergency overflow structure capable of passing the one-hundred-year inflow rate without damages to structures or property.

(b) Single-pipe outlets shall have a minimum inside diameter of 12 inches. If design release rates call for smaller outlets, structures such as perforated risers or flow-control orifices shall be used.

(c) Stormwater infiltration, retention, and detention facilities required to meet a development's discharge requirements shall be designed to by-pass off-site tributary flow from streams and channels unless approved by the enforcement officer.

(d) Any work involving the construction, modification, or removal of a dam as defined in Article II per 17 Ill. Adm. Code 3702 (Rules for Construction of Dams) shall obtain an Illinois Division of Water Resources dam safety permit prior to the start of such activity.

(e) Stormwater retention and detention facilities shall not be constructed in a regulatory floodplain unless approved by the enforcement officer. If a retention or detention facility is constructed in a regulatory floodplain, lost floodplain storage volume due to fill structures and detention storage shall be replaced with compensatory storage.

(6) Fee in lieu of on-site detention.

(a) The enforcement officer may require, with the approval of the SMC, or the applicant may request, the payment of a fee in lieu of on-site detention to fulfill all or part of the on-site detention requirement for a development.

(b) The enforcement officer or the SMC may reject any request to use a fee in lieu of on-site detention by the applicant which the enforcement officer or the SMC determines does not benefit the drainage system, or the enforcement officer, with the approval of the SMC, may grant any such request deemed beneficial to the drainage system.

(c) The fee in lieu of on-site detention shall be the lesser of the fee computed for each acre foot of storage exempted in accordance with the procedures and schedules approved by the SMC or the estimated cost, as verified by the enforcement officer, of the applicant's proposed and approved on-site detention, including land costs, as though the enforcement officer had allowed its construction.

(d) All fees in lieu of on-site detention received shall be deposited with the SMC.

(e) Criteria. The following requirements must be met before a fee in lieu of on-site detention will be utilized:

[1] The downstream drainage system has adequate stormwater capacity; and

[2] The elimination of on-site detention facilities is consistent with an approved SMC master plan or the enforcement officer and the SMC determine that such an exemption will not result in negative impacts to the drainage system.

(7) Conveyance system.

(a) Storm sewer and swales.

[1] The ten-year design storm shall be used as a minimum for the design of storm sewers and appurtenances.

[2] Connections to sanitary sewers or existing agricultural drainage systems (tiles) are not permitted for new developments. However, with the approval of the enforcement officer, connections to existing agricultural drainage systems may be allowed if the applicant demonstrates that the existing system has adequate hydraulic capacity and structural integrity. Field tile systems disturbed during the process of land development must be reconnected by those responsible for their disturbance unless the approved drainage plan provides otherwise.

[3] All storm sewers shall be located in a public road right-of-way or a maintenance easement of sufficient size to maintain or reconstruct the sewer.

[4] All on-site stormwater conveyance systems shall be designed and constructed to withstand, without erosion, the expected velocity of flow from all events up to the one-hundred-year-frequency storm. Stabilization adequate to prevent erosion shall be provided at the inlets and outlets for all pipes transitions and paved channels.

[5] Within the parcel being developed, an easement providing for an unobstructed overflow shall be provided to convey the portion of the one-hundred-year runoff not carried in a storm sewer without damage to structures or property.

(b) Streams and channels.

[1] Natural streams and channels shall be conserved.

[2] If channel modification occurs, the physical characteristics of the modified channel shall meet the existing channel in length, cross-section, slope, sinuosity, and carrying capacity. Hydraulically equivalent compensatory storage is required for fill or structures and shall be at least equal to the volume of floodplain storage lost.

[3] Removal of streamside (riparian) vegetation shall be limited to one side of the channel.

[4] Clearing of channel vegetation shall be limited to that which is essential for construction of the channel.

[5] When the provisions of Subsection A(7)(b)[1], [2], [3] and [4] above cannot be met, a stream or channel mitigation plan shall be submitted for review and approval to the enforcement officer. The plan shall show how the lost functions are replaced.

[6] All disturbed areas associated with a channel modification shall be seeded or otherwise stabilized immediately after completion of site grading.

[7] If channels are modified, then an effective means to reduce sedimentation and degradation of downstream water shall be installed before excavation begins and shall be maintained throughout the construction period.

[8] Each new or relocated channel shall be built dry, and all items of construction, including vegetation, shall be completed prior to diversion of water into the new or relocated channel.

[9] Streams and channels shall withstand all events up to the one-hundred-year-frequency storm without increased erosion. The use of armoring of banks with bulkheads, rip-rap, or other materials shall be avoided. Armoring shall be used only when erosion cannot be prevented in any other way such as use of vegetation or gradual slopes. Such armoring shall have minimal impact on other properties, watercourses, and the existing land configuration.

[10] A minimum maintenance easement of 12 feet from top of bank is required along one side of all channels draining 20 or more acres. All drainage easements shall be accessible to vehicular equipment; however, linear accessibility for vehicular equipment is not required.

[11] Construction vehicles shall cross streams by the means of existing bridges or culverts. Where an existing crossing is not available, a temporary crossing shall be constructed in which:

[a] The approach roads shall be 0.5 foot or less above natural grade.

[b] The crossing shall allow stream flow to pass without backing up the water above the stream bank vegetation line or above any drainage tile or outfall.

[c] The top of the roadway fill in the channel shall be at least two feet below the top of the lowest bank. Any fill in the channel shall be nonerosive material, such as riprap or gravel.

[d] All disturbed stream banks shall be seeded or otherwise stabilized as soon as possible upon installation and again upon removal of construction.

[e] The access road and temporary crossings shall be removed within one year after installation, unless an extension of time is granted by the enforcement officer.

(8) Lakes, ponds, and wetlands. All direct discharges of stormwater into wetlands or existing lakes and ponds due to new development shall be required to divert and detain the initial 1/2 inch of runoff immediately before discharge into lakes, ponds, and wetlands.

(9) Buffer areas.

(a) Buffer areas are divided into two types, linear buffers and water body buffers.

[1] Linear buffers shall be designated along all channels.

[a] When the distance across the channel between the ordinary high water marks is greater than 20 feet, the minimum buffer width shall be 30 feet on each side of the channel.

[b] When the distance across the channel between the ordinary high water marks is less than 20 feet, the minimum buffer width shall be 20 feet on each side of the channel.

[2] Water body buffers encompass all nonlinear bodies of water and include exceptional functional value wetlands, other wetlands with existing, adjacent native vegetation that performs a buffer function, lakes and ponds.

[a] For all water bodies with a surface area greater than one acre, a minimum buffer width of 30 feet extending from the delineated water body boundary shall be established.

[b] For all water bodies with a surface area less than or equal to one acre, a minimum buffer width shall be established such that the area of the buffer is 1/2 the area of the water body, to a minimum width of 10 feet.

(b) No buffers shall be required for wetlands, other than for exceptional functional value wetlands or wetlands that have existing native vegetative buffers, if there will exist adjacent to the wetland a minimum setback of 30 feet. In situations where a thirty-foot setback is not feasible, then best management practices shall be implemented to offset the encroachment impacts.

(c) Buffer areas shall be made up of native Midwest vegetation. The use of native Lake County riparian vegetation is preferred in the buffer strip.

(d) The boundary of the buffer area for lakes, ponds, and channels shall be determined by reference to the watercourse's ordinary high water mark. For wetlands, the boundary of the buffer area shall be determined by the wetland delineation report. A property may contain a buffer area that originates from a watercourse on another property.

(e) Constructed stormwater management features which require a buffer may not be located such that the required boundaries of buffer areas extend into adjoining property or the ultimate boundaries of public rights-of-way as determined by the local road authority.

(f) If an existing buffer area is disturbed during construction, the vegetated buffer strip shall be reestablished upon completion of construction.

(g) Access through buffer areas shall be provided, when necessary, for maintenance purposes.

(h) Roadside drainage ditches, channels draining 20 acres or less, conveyance systems between on-site detention facilities, detention facilities, and transverse crossings of public road construction projects are exempt from buffer requirements.

(i) Where practical, stormwater shall discharge into a buffer area rather than directly into a watercourse. Such discharges shall enter the buffer as unconcentrated flow with appropriate energy dissipation measures to prevent excessive erosion and scour.

(j) All buffer areas shall be maintained free from development, including disturbance of the soil, dumping or filling, erection of structures, and placement of impervious surfaces, except as follows:

[1] A buffer area may be used for passive recreation (e.g., bird watching, walking, jogging, bicycling, horseback riding, and picnicking) and it may contain pedestrian, bicycle, or equestrian trails, provided that the created path is no wider than 10 feet. If the path leads to a wetland, it must be a winding path.

[2] Structures and impervious surfaces may occupy a maximum of 20% of the required buffer or setback area, provided the runoff from such facilities is diverted away from the watercourse or such runoff is directed to enter the buffer area as unconcentrated flow.

[3] Utility maintenance and maintenance of drainage facilities and drainage easements shall be allowed.

[4] Anchoring and placement of boat docks and piers.

(10) Soil erosion and sediment control.

(a) Soil erosion and sediment control related measures are required for any land disturbance activity permitted under § 196-5. The following requirements shall be met:

[1] Soil disturbance shall be conducted in a manner so as to minimize erosion. Soil stabilization measures shall consider the time of year, site conditions, and the use of temporary or permanent measures.

[2] Properties and watercourses located downstream from development sites shall be protected from erosion and sedimentation. At points where concentrated flow leaves a site, stable downstream facilities are required.

[3] Soil erosion and sediment control features shall be constructed prior to the commencement of upland disturbance.

[4] Permanent or temporary soil stabilization shall be applied to disturbed areas within 15 calendar days after final grading of the soil. Permanent soil stabilization measures shall be applied to channels (including bed and banks) within 15 calendar days after primary disturbance of the channel. Permanent or temporary vegetation shall not be considered established until sufficient ground cover is mature enough to control erosion.

[5] Disturbed areas draining less than one acre shall be protected by a filter barrier (including filter fences, straw bales, or equivalent control measures) to control all off-site runoff. Vegetated filter strips, with a minimum width of 25 feet, may be used as an alternative only where runoff in sheet flow is expected.

[a] Disturbed areas draining more than one acre but fewer than five acres shall be protected by a sediment trap or equivalent control measure at a point downslope of the disturbed area.

[b] Disturbed areas draining more than five acres shall be protected by a sediment basin or equivalent control measure at a point downslope of the disturbed area.

[6] All storm sewer facilities that are or will be functioning during construction shall be protected, filtered, or otherwise treated to remove sediment.

[7] If dewatering services are used, then adjacent properties shall be protected. Discharges shall enter an effective sediment and erosion control measure.

[8] All temporary erosion and sediment control measures shall be removed within 30 days after final site stabilization is achieved or after the temporary measures are no longer needed. Trapped sediment and other disturbed soil areas should be permanently stabilized.

[9] A stabilized mat of aggregate underlain with filter cloth shall be located at any point where traffic will be entering or leaving a construction site to or from a public right-of-way, street, alley, or parking area.

[10] Earthen embankments shall be constructed with side slopes no steeper than 3H:1V.

(b) Maintenance. All temporary measures and permanent erosion and sediment control must be continuously maintained in an effective working condition.

B. Application requirements. All of the following application requirements will be required unless waived by the enforcement officer.

(1) Application requirements for minor developments:

(a) Name and legal address of the applicant; common address and legal description of the site and the parcel identification number where the development will take place.

(b) A general description of the existing and proposed drainage system, including all discharge points and collection, conveyance, and storage facilities.

(c) A grading plan showing proposed and existing contours.

(d) A site drainage plan locating drainage features, overland flow paths, stormwater management facilities, floodplains, and wetlands boundaries.

(e) An area drainage plan locating the proposed development in the watershed.

(f) A description and depiction of measures to be taken to control erosion.

(2) Application requirements for major developments:

(a) Name and legal address of the applicant, common address of the location where the development will take place, mailing address of the property owner, and the applicant's or applicant's agent's signature.

(b) A topographic map of the existing conditions of the development site showing the location of all roads, all drainageways, the boundaries of predominate soil types, the boundaries of predominate vegetation, and the location of any drainage easements or detention or retention basins, including their inflow and outflow structures, if any. The map shall also include the location, size, and flowline elevations of all existing storm or combined sewers and other utility lines within the site. The map shall be prepared using a minimum two-foot contour interval and shall be prepared at an appropriate scale for the type of project and shall include specifications and dimensions of any proposed channel modifications, location and orientation of cross-sections, if any, North arrow, and a graphic or numerical scale. All elevations shall be referenced to NGVD.

(c) Cross-section views for the drainage system showing existing and proposed conditions, including principal dimensions of the work, existing and proposed elevations, normal water and calculated high water elevations, and overland flow depth and path.

(d) A vicinity map along with the parcel identification numbers of all parcels comprising the proposed development.

(e) A report describing the hydrologic and hydraulic analyses performed for the project. The report shall include the name of stream or body of water affected, a statement of purpose of proposed activity, anticipated dates of initiation and completion of activity, and a detailed determination of the runoff for the project site under existing and developed conditions. This includes documentation of the design volumes and rates of the proposed runoff for each portion of the watershed tributary to the drainage system and the effects the improvements will have upon the receiving channel and high water elevations. Runoff calculations shall include all discharges entering the site from upstream areas.

(f) A section in the hydrologic and hydraulic analysis report describing how the runoff volume reduction hierarchy [as described in § 196-6A(4)] was used in evaluating the stormwater management needs of the site.

(g) For detention facilities, a section in the hydrologic and hydraulic analysis report that includes a plot or tabulation of storage volumes and water surface areas with corresponding water surface elevations, stage-discharge or outlet rating curves, and design hydrographs of inflow and outflow for the two-year, twenty-four-hour, and the one-hundred-year, twenty-four-hour storm events under existing and developed conditions.

(h) A soil erosion and sedimentation control plan for all disturbed areas, which includes:

[1] A site map prepared at the same scale as the drainage plan that identifies both temporary and permanent vegetative and structural erosion and sediment control measures to be implemented.

[2] A narrative description of the sequencing of grading and soil disturbance and construction activities, the temporary and permanent sediment and erosion control measures to be implemented to mitigate any negative effects of grading, including supporting calculations; estimated schedule for installing, maintaining, and removing both temporary and permanent structures; and the final stabilization and revegetation measures.

(i) A maintenance plan for the ongoing maintenance of all drainage system components, including wetlands. The plan shall include:

[1] Maintenance tasks.

[2] The party responsible for performing the maintenance tasks.

[3] A description of all permanent public or private access maintenance easements.

[4] A description of dedicated sources of funding for the required maintenance.

(j) When a proposed development has the potential for affecting a drainage system component maintained by an active drainage district, a copy of the detailed drainage plan shall be forwarded to the drainage district for concurrent review.

(k) The application shall meet the requirements of this Part 1 and shall be certified and sealed by a registered professional engineer.

C. Maintenance standards.

(1) Each pond, retention facility, or wet detention facility located within the Village shall be managed and maintained in such a manner to avoid stagnation of water, excessive growth of algae, larval breeding grounds for mosquitoes, and downstream pollution.

(2) The owner, occupant, or other responsible party for a property on which a pond, retention facility, or wet detention facility is located shall utilize techniques or incorporate features designed to:

(a) Reduce excessive growth of algae, including without limitation aeration features, regular introduction of beneficial bacteria, or establishing filters or other mechanisms to minimize the introduction of fertilizers, chemicals, or fowl waste in such pond, retention facility, or wet detention facility;

(b) Reduce mosquito populations through provision of nonchemical mosquito mitigation measures, including without limitation: cyclical alteration of the pond level, installation of aeration/agitation features to disrupt larval growth, providing nesting boxes for mosquito-predacious birds or bats, or stocking ponds with mosquito-predacious fish (e.g. Gambusia affinis holbrooki); and

(c) Minimize introduction of pollutants to streams or other receiving waters that are hydraulically related to such pond, retention facility, or wet detention facility.

(3) Any such techniques or features should be regularly implemented or operated to achieve the objectives of avoiding stagnation of water, excessive growth of algae, larval breeding grounds for mosquitoes, and downstream pollution. The owner, occupant, or other responsible party for a property on which a pond, retention facility, or wet detention facility is located shall maintain records of such implementation and/or operation activities for at least 24 months, which records shall be available for inspection by the Village to confirm compliance with this Subsection C.

§ 196-7 Floodplain developments.

A. Base flood elevation; location of floodplain and floodway.

(1) The base flood elevations (BFE) shall be as delineated on the one-hundred-year profile and floodplain maps as noted below:

(a) SMC regulatory floodplain maps and profiles, approved by the SMC for regulatory use after a sixty-day public review and comment period and accepted by IDOT/DWR and FEMA for SMC regulatory use, as listed in Appendix B of the Lake County Watershed Development Ordinance; or

(b) If no SMC-approved regulatory floodplain map and profile exists for the site, the FEMA Flood Insurance Study maps and profiles, as listed in Appendix C of the Lake County Watershed Development Ordinance; or

(c) The best available information as determined by the SMC.

(d) In the case of FEMA-delineated AH Zones, the elevation noted on the map shall be the BFE. In the case of FEMA-delineated AO Zones, the BFE shall be the depth number shown on the map added to the highest adjacent grade, or at least two feet above the highest adjacent grade if no depth number is provided.

(2) The location of the regulatory floodway and its accompanying flood elevation shall be as delineated on the IDOT/DWR designated regulatory floodway maps listed in Appendix D of the Lake County Watershed Development Ordinance.

(3) When no base flood or one-hundred-year-frequency flood elevation information exists, the base flood or one-hundred-year-frequency flood elevation shall be determined by the registered professional engineer using an appropriate model or technique as approved by the SMC or IDOT/DWR or its designee. In the case of riverine floodplains, the flood elevation determination shall be submitted to the enforcement officer for approval prior to issuance of a watershed development permit.

(a) Along any watercourses draining more than one square mile, the above analyses shall be submitted to IDOT/DWR for approval.

(b) For a nonriverine floodplain, the historic flood of record plus three feet may be used for the BFE instead of performing a detailed hydrologic and hydraulic study.

(4) Nothing contained herein shall prohibit the application of these regulations to land that can be demonstrated by engineering survey to lie within any floodplain. Conversely, any lands (except for those located in a regulatory floodway) that can be demonstrated by a topographic survey certified by a registered professional engineer or registered land surveyor to lie beyond the floodplain, and, to the satisfaction of the enforcement officer, to have been higher than the base flood elevation as of the effective date of the first regulatory floodplain map denoting the site to be in a floodplain, or for unmapped floodplains as of the effective date of this Part 1, shall not be subject to the regulations of this section. In the case of a site located in the regulatory floodway that is higher than the BFE, it is subject to the regulations of this section until such time as a letter of map revision is received from the IDOT/DWR or its designee or FEMA.

B. Performance standards applicable to all floodplain development. The standards of this section apply to all floodplain development except when superseded by more stringent requirements of other Bannockburn ordinances in effect from time to time or of subsequent sections herein.

(1) Modification and disturbance of natural riverine floodplains shall be avoided to protect existing hydrologic and environmental functions. Such disturbances shall be minimized and all negative impacts mitigated as described in a mitigation plan.

(2) No development shall be allowed in the floodplain that shall singularly or cumulatively create a damaging or potentially damaging increase in flood heights or velocity or threat to public health, safety, and welfare or impair the natural hydrologic functions of the floodplain or channel.

(3) For all projects involving channel modification, fill, or levees, the flood-carrying capacity of the regulatory floodplain shall be maintained. In addition, the enforcement officer shall notify potentially impacted communities, the SMC, and IDOT/DWR in writing 30 days prior to the issuance of a permit for the modification or relocation of the regulatory floodway or flood conveyance path.

(4) Compensatory storage is required for all lost floodplain storage.

(a) Hydraulically equivalent compensatory storage requirements for fill or structures in a riverine floodplain shall be at least equal to 1.2 times the volume of floodplain storage lost. Such compensation areas shall be designed to drain freely and openly to the watercourse and be located opposite or adjacent to fill areas. The floodplain volume lost below the existing ten-year-frequency flood elevation must be replaced below the proposed ten-year-frequency flood elevation. The floodplain volume lost above the ten-year existing frequency flood elevation must be replaced above the proposed ten-year-frequency elevation.

(b) Hydraulically equivalent compensatory storage requirements for fill or structures in a nonriverine floodplain shall be at least equal to 1.0 times the volume of floodplain storage lost.

(5) Public health protection standards.

(a) No developments in the floodplain shall include locating or storing chemicals, explosives, buoyant materials, animal wastes, fertilizers, flammable liquids, pollutants, or other hazardous or toxic materials below the FPE.

(b) New and replacement water supply systems, wells, and sanitary sewer lines may be permitted, provided all manholes or other above-ground openings located below the FPE are watertight.

(6) Building protection requirements.

(a) All new buildings, building alteration that either increases the first floor area by more than 20% or the building's market value by more than 50%, the installation of a manufactured home on a new site or a new manufactured home on an existing site, or installing a recreational vehicle on a site for more than 180 days and located within a one-hundred-year floodplain shall be protected from flood damage below the flood protection elevation.

(b) The lowest floor, including basements, for all new construction or substantial improvements of residential structures shall be two feet or more above the base flood elevation.

[1] If placed on fill, the top of the fill shall be above the FPE. The fill shall be placed at that elevation for a distance of 10 feet out from the building unless the building design is certified by a registered structural engineer to be protected from damages due to hydrostatic pressures. Additionally, the fill must be demonstrated not to settle below the FPE and to be adequately protected against erosion, scour, and differential settlement.

[2] If elevated by means of walls, pilings, or other foundation, the building's supporting structure must be permanently open to floodwaters and not subject to damage by hydrostatic pressures of the base flood or one-hundred-year-frequency flood. The permanent openings shall be no more than one foot above grade, and consist of a minimum of two openings. The openings must have a total net area of not less than one square inch for every one square foot of enclosed area subject to flooding below the BFE. The foundation and supporting members shall be anchored and aligned in relation to flood flows and adjoining structures so as to minimize exposure to known hydrodynamic forces such as current, waves, ice and floating debris. All areas below the FPE 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 located at or above the FPE. Water and sewer pipes, electrical and telephone lines, submersible pumps, and other waterproofed service facilities may be located below the FPE. No area below the FPE shall be used for storage of items or materials.

(c) The lowest floor, including basement, of all new construction or substantial improvements of nonresidential buildings shall be two feet or more above the base flood elevations in accordance with Subsection B(6)(b) or be structurally dry floodproofed. A nonresidential building may be structurally dry floodproofed (in lieu of elevation), provided that a registered professional engineer or structural engineer shall certify that the building has been structurally dry floodproofed below the flood protection elevation and the structure and attendant utility facilities are watertight and capable of resisting the effects of the base flood or one-hundred-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, flood walls, and similar works are not considered floodproofing for the purpose of this subsection.)

(d) Manufactured homes and recreational vehicles to be installed on a site for more than 180 days shall be elevated to or above the flood protection elevation and shall be anchored to resist flotation, collapse, or lateral movement by being tied down in accordance with the Rules and Regulations for the Illinois Mobile Home Tie-Down Act issued pursuant to 77 Ill. Adm. Code 870.

[Amended 5-22-2017 by Ord. No. 2017-12]

(e) Tool sheds and detached garages on an existing single-family platted lot may be constructed with the lowest floor below the flood protection elevation in accordance with the following:

[1] The building is not used for human habitation.

[2] All areas below the base flood or one-hundred-year-frequency flood elevation shall be constructed with waterproof material. Structures located in a regulatory floodway shall be constructed and placed on a building site so as not to block the flow of floodwaters and shall also meet the appropriate use criteria of Subsection C. In addition, all other requirements of this Part 1 must be met.

[3] The structure shall be anchored to prevent flotation.

[4] Service facilities such as electrical and heating equipment shall be elevated or floodproofed to the flood protection elevation.

[5] The building shall be valued at less than $5,000 and be less than 500 square feet in floor size.

[6] The building shall be used only for the storage of vehicles or tools and may not contain other rooms, workshops, greenhouses, or similar uses.

(f) A nonconforming structure damaged by flood, fire, wind, or other natural or man-made disaster may be restored unless the damage exceeds 50% of its market value before it was damaged, in which case it shall conform to Subsection B(6).

(7) If the proposed development would result in a change in the mapped regulatory floodplain or one-hundred-year-frequency flood elevation on a site, the applicant shall submit sufficient data to obtain a letter of map revision (LOMR) from FEMA.

(8) If the development is located in a public body of water, as defined by IDOT/DWR, a permit must also be received from IDOT/DWR.

(9) Any work involving construction or modification or removal of a dam or an on-stream structure to impound water shall obtain an Illinois Division of Water Resources dam safety permit or letter indicating a permit is not required prior to the start of construction of a dam.

C. Additional performance standards for the regulatory floodway (IDOT/DWR regulations). Only those appropriate uses listed below and in 17 Ill. Adm. Code 3708, as amended from time to time, shall be allowed in the regulatory floodway. Appropriate uses do not include the construction or placement of any new structures, fill, building additions, buildings on stilts, fencing (including landscaping or planting designed to act as a fence), or storage of materials except as specifically defined above as an appropriate use. If the development is proposed for the regulatory floodway portion of the regulatory floodplain, the following additional standards apply in addition to the previously stated standards for the floodplain:

(1) Only the construction, modification, repair or replacement of the following appropriate uses will be allowed in the floodway:

(a) Public flood control structures and private improvements relating to the control of drainage and flooding of existing buildings, erosion, water quality or habitat for fish and wildlife.

(b) Structures or facilities relating to functionally water-dependent uses such as modifications or additions to existing wastewater treatment facilities.

(c) Storm and sanitary sewer outfalls.

(d) Underground and overhead utilities if sufficiently floodproofed.

(e) Recreational facilities such as playing fields and trail systems, including any related fencing (at least 50% open when viewed from any one direction) and including open-air pavilions.

(f) Detached garages, storage sheds, or other nonhabitable structures without toilet facilities, accessory to existing buildings, that will not block flood flows nor reduce floodway storage.

(g) Bridges, culverts, and associated roadways, sidewalks and railways, necessary for crossing over the floodway or for providing access to other appropriate uses in the floodway and any modification thereto.

(h) Parking lots and any modifications thereto (where the existing depth of flooding for the BFE is less than one foot) and aircraft parking aprons built at or below ground elevation.

(i) Floodway regrading, without fill, to create a positive nonerosive slope toward a watercourse.

(j) Floodproofing activities to protect previously existing lawful structures, including the construction of watertight window wells, elevating structures, or the construction of flood walls around residential, commercial or industrial principal structures where the outside toe of the flood wall shall be no more than 10 feet away from the exterior wall of the existing structure, and which are not considered to be substantial improvements to the structure.

(k) The replacement, reconstruction, or repair of a damaged building, provided that the outside dimensions of the building are not increased and provided that, if the building is damaged to 50% or more of the building's market value before it was damaged, it shall conform to Subsection B(6).

(l) Modifications to an existing building that would not increase the enclosed floor area of the building below the one-hundred-year-frequency flood elevation and that will not block flood flows, including but not limited to fireplaces, bay windows, decks, patios, and second-story additions. No enclosed floor areas may be build on stilts.

(2) Additions to the above list of appropriate uses are not allowed.

(3) All appropriate uses shall require a permit from the enforcement officer and must be in accordance with all provisions of this Part 1.

(4) Construction of an appropriate use will be considered permissible, provided that the proposed project meets the following engineering and mitigation criteria and that of Subsections A and B and is so stated in writing with supporting plans, calculations, and data prepared by a registered professional engineer.

(a) All effective regulatory floodway conveyance lost due to the development of appropriate uses, other than bridge or culvert crossings or on-stream structures or dams, shall be replaced for all flood events up to and including the one-hundred-year-frequency flood. In calculating effective regulatory floodway conveyance, the following factors shall be taken into consideration:

[1] Regulatory floodway conveyance:

K =

1.486 n

AR2/3

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.

[2] 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 a nonvegetative land cover.

(b) Transition sections shall be provided and used in calculations of effective regulatory floodway conveyance, in the design of excavations in the floodway, between cross-sections with rapid expansions and contractions, and when meeting the regulatory floodway delineation on adjacent properties. The following expansion and contraction ratios shall be used:

[1] Water will expand no faster than at a rate of one foot horizontal for every four feet of the flooded stream's length.

[2] Water will contract no faster than at a rate of one foot horizontal for every one foot of the flooded stream's length.

[3] Water will not expand or contract faster than one foot vertical for every 10 feet of flooded stream length.

[4] All cross-sections used in the calculations shall be located perpendicular to flood flows.

[5] In the design of excavations in the floodway, erosion/scour protection shall be provided on land upstream and downstream of proposed transition sections.

(c) The development of all appropriate uses shall not result in an increase in the average channel or regulatory floodway velocities or stage, for all flood events up to and including the one-hundred-year-frequency event. However, in the case of bridges or culverts or on-stream structures built for the purpose of backing up water in the stream during normal or flood flows, velocities may be increased at the structure site if scour, erosion, and sedimentation will be avoided by the use of rip-rap or other design measures.

(d) In the case of on-stream structures built for the purpose of backing up water, an increase in upstream stage when compared to existing conditions for all flood events up to and including the one-hundred-year-frequency event shall be contained within recorded easements. A permit or letter indicating a permit is not required must be obtained from IDOT/DWR, Dam Safety Section, for a dam safety permit or waiver for any structure built for the purpose of backing up water in the stream during normal or flood flow.

(e) If floodproofing construction is required beyond the outside dimensions of an existing, habitable residential or commercial 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.

(f) For public flood control projects, the permitting requirements of this section will be considered met if the applicant can demonstrate to IDOT/DWR through hydraulic and hydrologic calculation that the proposed project will not singularly or cumulatively result in increased flood heights outside the project right-of-way or easements for all flood events up to and including the one-hundred-year-frequency event.

(g) General criteria for analysis of flood elevations.

[1] The flood profiles, flows, and floodway data in the regulatory floodway study, referenced in Subsection A, must be used for analysis of the base conditions. If the study data appears to be in error or conditions have changed, IDOT/DWR shall be contacted for approval and concurrence on the appropriate base conditions data to use.

[2] If the one-hundred-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 one-hundred-year-frequency flood elevations of the regulatory floodway conditions and conditions with the receiving stream at normal water elevations.

[3] If the applicant learns from IDOT/DWR, local governments, or a private owner that a downstream or upstream restrictive bridge or culvert is scheduled to be removed, reconstructed, or modified, or that a regional flood control project is scheduled to be built, removed, constructed, or modified within the next five years, then 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.

(h) If the appropriate use will result in a change in the floodway location or BFE, then the applicant shall submit sufficient information to be issued a conditional letter of map revision (CLOMR) from IDOT/DWR and FEMA. A public notice inviting public comment on the proposed change in the BFE or location in the floodway will be issued by IDOT/DWR or its designee before a CLOMR is issued. The application will not be considered complete until the CLOMR is received. No filling, grading, dredging or excavating shall take place until a conditional approval is issued. No further development activities shall take place until a final letter of map revision (LOMR) is issued by IDOT/DWR and FEMA.

(5) For those circumstances listed below located in a regulatory floodway, the following information shall also be submitted to IDOT/DWR or its designee for its concurrent review and approval prior to the issuance of a permit:

(a) Analysis of the flood profile due to a proposed bridge, culvert crossings, and roadway approaches.

(b) An engineer's determination that an existing bridge or culvert crossing or approach road is not a source of flood damage and the analysis indicating the proposed flood profile.

(c) Alternative transition sections and hydraulically equivalent storage.

D. Special considerations for the construction of new bridges or culvert crossings and roadway approaches or the reconstruction or modification of existing bridges, culvert crossings or roadway approaches.

(1) 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 one-hundred-year-frequency event unless contained within the channel banks, project right-of-way, or recorded easements.

(2) If the proposed construction will increase upstream flood stages greater than 0.1 foot, then the developer must contact IDOT/DWR, Dam Safety Section, for a dam safety permit or waiver.

(3) Lost floodway storage must be compensated in accordance with the floodplain performance standards of this Part 1, except that artificially created storage lost due to a reduction in head loss behind a bridge shall not be required to be replaced, if no damage will be incurred downstream.

(4) Velocity increases must be mitigated per the floodway performance section of this Part 1, except that, in the case of bridges or culverts or on-stream structures built for the purpose of backing up water in the stream during normal or flood flows, velocities may be increased at the structure site if scour, erosion, and sedimentation will be avoided by the use of appropriate measures.

(5) For modification or replacement of existing structures, the existing structure must first be evaluated in accordance with Department of Transportation Rules, 17 Ill. Adm. Code 3708, to determine if the existing structure is a source of flood damage and should be redesigned. The evaluation must be submitted to IDOT/DWR or its designee for review and concurrence before a permit is issued.

(6) 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.

(7) The hydraulic analysis for the backwater caused by the bridge showing the existing condition and proposed regulatory profile must be submitted to IDOT/DWR for concurrence that a CLOMR is not required.

E. Regulatory floodplains without regulatory floodways. Within all riverine floodplains where the floodway has not been determined, the developer shall have an engineering study performed to determine a flood conveyance path to demonstrate that a proposed development will have no singular or cumulative impact on flood heights or velocities, as required in Subsection B(2). The developer shall submit that engineering study to the SMC for review and acceptance prior to issuance of a watershed development permit. In the case of riverine floodplains draining greater than one square mile, such study shall also be sent to IDOT/DWR or its designee for review and approval. Upon acceptance of the flood conveyance path by the SMC, the developer can then choose to locate all development activity outside of the flood conveyance path or meet the performance standards of this § 196-7, excluding the land use restrictions of Subsection C(1). Should the flood conveyance path be determined so as to include land not owned by the applicant, the SMC may issue notice to the affected property owners for comment before SMC approval of the flood conveyance path. The applicant may limit the study to a floodplain determination and apply the performance standards of this § 196-7, excluding Subsection C(1), to the entire floodplain.

F. Application for development in the regulatory floodplain. If the development is located in a regulatory floodplain, the applicant shall provide the following additional information:

(1) Site location of the property, drawn to scale on the regulatory floodway map, indicating whether it is proposed to be in an incorporated or unincorporated area;

(2) A plan view of the project showing:

(a) The regulatory floodway limit, floodplain limit and for work in public bodies of water as defined by IDOT/DWR, the navigation channels.

(b) Ten-year-frequency flood elevation, one-hundred-year-frequency flood elevation and graphic or numerical scales (horizontal and vertical).

(c) A copy of the regulatory floodway map, marked to reflect any proposed change in the regulatory floodway location.

(3) A listing of all local, state, and federal permits or approval letters that may be required for this type of development. All required local, state, and federal permits must be received prior to permit issuance unless otherwise agreed to between SMC and the local, state, and federal permitting agency.

(4) Engineering calculations and supporting data showing that the proposed work will meet the performance standards of this Part 1.

(5) All changes in grade resulting from any proposed excavation or filling, and floodplain and floodway limits; the location and dimension of all buildings and additions to buildings; and the elevation of the lowest floor (including basement) of all proposed buildings subject to the requirements of this Part 1.

(6) Elevation certificates of the lowest floor (elevation including basements) or the elevation to which a nonresidential building has been floodproofed using a floodproofing certificate for all buildings in the floodplain.

§ 196-8 Wetlands.

To ensure no net loss of the county's wetland resources, the following provisions are required when one or more cumulative acres of wetland are affected. (Note: The provisions of this section regarding wetland submittal requirements shall not apply until such time as a Memorandum of Agreement or General Permit has been issued by the U.S. Army Corps of Engineers to the SMC properly delegating authority to the SMC to regulate such matters.)

A. Wetland performance standards.

(1) The applicant shall delineate all wetland area boundaries in accordance with the current federal wetland determination methodology.

(2) A preapplication conference between the enforcement officer and the applicant shall be held to discuss proposed impacts, mitigation options, and submittal requirements.

(3) The following hierarchy will be observed by all applicants to determine application requirements:

(a) The proposed project shall avoid adverse impacts to the greatest extent possible based on consideration of hydrologic conditions, existing topography, vegetation, and human activity as it relates to stormwater management.

(b) Wetlands of exceptional functional value, as designated in the USEPA Lake County Advanced Wetland Identification Study (ADID), are considered to be generally irreplaceable and unmitigatable for the purposes of evaluating permit applications.

(c) The proposed project will minimize the adverse impacts to the greatest extent possible based on consideration of hydrologic conditions, water quality, existing topography, vegetation and human activity as it relates to stormwater management.

(d) If there are wetland impacts, selection of the appropriate mitigation option will be based on a functional assessment provided by the applicant.

(4) Mitigation is required for all permanent adverse impact to wetlands. The following criteria shall be met to offset the wetland impacts:

(a) The mitigation plan shall include all appropriate measures to be carried out to maintain or improve the functions of wetlands, mitigate adverse environmental impacts, restore vegetation and land and water features, prevent sedimentation and erosion, minimize the area of wetland disturbance, and ensure compliance with other provisions of this Part 1.

(b) The mitigation will occur on site unless the functional assessment indicates that the functions can easily be reproduced off site.

(c) Depending on the circumstances under which wetlands are lost or disturbed, the enforcement officer will determine which of the following mitigation options is appropriate:

[1] Restoration: Restoration refers to actions performed on a site that reverse or remedy adverse impacts.

[2] Enhancement: Enhancement refers to actions performed to improve the functionality of an existing, degraded wetland.

[3] Creation: Creation refers to the creation of new wetlands on a nonwetland site.

[4] Contribution: Contribution refers to the donation of land or money to an SMC approved Wetland Mitigation Bank.

(d) Mitigation standards shall be determined by functional replacement. The replacement of lost wetland functions, as identified in the functional assessment report, shall be at a minimum equal to those previous to disturbance. The minimum land area ratio shall be 1.0 acre mitigated to every 1.0 acre lost. A higher ratio may be required when the probability of success of replacing the lost functions so warrants.

(e) All plants used in the mitigation shall be native to the Midwest.

(f) Performance standards shall be established during the preapplication conference and included in the mitigation plan. The permittee shall successfully implement the approved mitigation plan or component within the time period required by the enforcement officer.

(g) Mitigation must be performed prior to or concurrently with activities that will permanently disturb wetlands.

(5) Wetlands may be used for on-site stormwater detention, subject to the following:

(a) The use of the wetland for detention will maintain or improve the wetland's beneficial functions.

(b) Existing depressional storage in wetlands shall be maintained and the volume of detention storage provided to meet the requirements of this Part 1 shall be in addition to the existing storage.

(c) No wetlands of exceptional functional value shall be used for satisfying on-site detention requirements.

(6) Monitoring shall be utilized to ensure the establishment of the mitigation and that it meets the standards of this Part 1. The following standards shall be met:

(a) The permittee shall submit an annual monitoring report for up to five years after the completion of construction of the mitigation project. As part of the final report, the permittee shall provide information justifying that monitoring is no longer required. The monitoring period shall be determined by the enforcement officer.

(b) The permittee shall consider monitoring requirements fulfilled upon submittal of the final report and subsequent receipt of notice from the enforcement officer. If the enforcement officer fails to send notice to the permittee within 60 days after receipt of the final report, the monitoring requirements shall be considered fulfilled.

(c) If at any time during the monitoring period inspections or data indicate mitigation efforts are not succeeding, the enforcement officer may require mid-course corrections which may include revegetation, removal of invasive species, and/or controlled burns, among other actions.

(7) The permittee shall provide mechanisms to ensure the long-term protection of the created, restored, or enhanced wetlands, including vegetative management, deed restrictions, conservation easements, or deeding the created, restored, or enhanced wetlands to an organization or public agency capable of protecting and maintaining the wetland.

(8) The enforcement officer shall provide guidance to the applicant on the contents and timing of the mitigation plan and shall approve the plan prior to the permit being issued.

(9) If a permit is required by the U.S. Army Corps of Engineers, the permit application shall be provided to the enforcement officer for transmittal to the Corps and concurrent review.

B. Application requirements. All the following application requirements will be required unless waived by the enforcement officer.

(1) Wetland determination report. The applicant shall provide the following information to the enforcement officer:

(a) A map showing the exact location of wetlands within the development boundaries.

(b) An aerial photograph delineating wetland, development, and watershed boundaries.

(c) Army Corps of Engineers data sheets with representative color photographs for each wetland.

(d) A written description of the wetland(s), including a complete functional assessment.

(2) Wetland use. The applicant shall provide documentation regarding the following:

(a) Determination if the project is water-dependent and/or that no practicable alternatives to the impacts exist.

(b) Minimization of unavoidable impacts to the maximum extent possible.

(c) Selection and justification of an appropriate mitigation option.

(d) Appropriate use of wetlands for detention.

(3) Wetland mitigation plan. A mitigation plan shall include all of the following information:

(a) Names, addresses, and telephone numbers of the principals associated with implementation of the mitigation plan.

(b) A description of the mitigation project, including best management practices proposed as fulfillment of the required replacement of lost wetland acreage and functions. The description shall include project location maps showing the geographic relationship between the proposed mitigation sites.

(c) Plan view scaled drawings that include mitigation project locations, topography, cross-sections, stockpile areas, erosion and sediment control practices, and equipment and supply storage areas.

(d) A construction schedule that includes starting and completion dates.

(e) Hydrologic analysis that includes normal and one-hundred-year surface elevations and estimated seasonal water surface elevations.

(f) The scientific and common name of plant species used in the mitigation plan along with their planting location, spacing, propagule type, commercial source of planting stock, planting density, and planting method.

(g) Access to the mitigation site during all regular business hours.

(4) Monitoring plan.

(a) To ensure the establishment of the wetland mitigation, the applicant shall provide the enforcement officer with a monitoring plan that:

[1] Identifies the names, addresses, and telephone numbers of parties responsible for management; and

[2] States the management techniques, schedule, and funding mechanisms.

(b) An annual monitoring report shall include the following information: a description of how the mitigation project meets the mitigation standards; photographs of the mitigation project; and description of any mid-course corrections taken or that need to be taken to implement the mitigation plan to meet the mitigation standards.

(5) Long-term maintenance.

(a) The applicant shall provide documentation to the enforcement officer regarding who will be responsible for the long-term maintenance and protection of wetland. This documentation shall include:

[1] The names, addresses, and telephone numbers of parties responsible for maintenance.

[2] Types of preservation mechanisms used such as deed restrictions or conservation easements.

(b) The drainage facility maintenance provisions [§ 196-6B(2)(i)] of this Part 1 apply to restored, enhanced, or created wetlands.

§ 196-9 Public roadway development permits.

A. Authority and enforcement.

(1) The SMC shall be responsible for the review and enforcement of all public road development permits.

(2) The performance standards of this Part 1 (or comparable provisions in the Lake County Watershed Development Ordinance) shall apply to all public road developments. The release rate performance standard of § 196-6A(3) shall apply only to additional impervious surface areas or, in the case of new road construction, the hydrologically disturbed areas. Detention requirements shall be applied only to those projects described in § 196-5A(4)(c).

(3) The fee in lieu of on-site detention option shall be authorized for all public road developments on existing alignments, provided that the downstream drainage system has adequate stormwater capacity and that it will not result in negative impacts to the drainage system.

(4) Variances requested in connection with improvements to existing public roads that will further the public policy of minimizing the condemnation of private or public property may be granted using criteria more permissive than the requirements of § 196-10D to the minimum extent necessary to achieve the minimization of condemnation.

B. Application requirements:

(1) A copy of any applicable IDOT/DWR permit application.

(2) A copy of any applicable Illinois Department of Natural Resources application.

[Amended 5-22-2017 by Ord. No. 2017-12]

(3) A copy of the proposed stormwater management system, including the location and size of all existing and proposed drainage improvements with plan, section, and profile views of storm sewers, field tiles, culverts, channels, and detention areas.

(4) A copy of all calculations supporting the stormwater management system. Such material should be consistent with the requirements of § 196-6B(2)(e).

(5) A soil erosion and sediment control plan consistent with § 196-6A(10).

(6) A wetland determination report and mitigation plan consistent with § 196-8, if applicable.