As used in this Part
1, the following terms shall have the meanings indicated:
ADEQUATE DOWNSTREAM STORMWATER CAPACITY
A stormwater management facility shall be considered to have
adequate downstream stormwater capacity if the facility can be shown
to accommodate up to and including the one-hundred-year stormwater
runoff without increasing property damage to the adjacent property
or to a point downstream known to the enforcement officer to be a
restriction causing significant backwater.
APPLICANT
Any person, firm, or governmental agency who or which owns
property, or the duly appointed representative, and wishes to develop
that property and one who executes the necessary forms to procure
a permit to carry out such development.
APPROPRIATE USE
Permissible development within the regulated floodway that
will be considered for permit issuance.
BASE FLOOD ELEVATION (BFE)
The elevation delineating the level of flooding resulting
from the one-hundred-year flood frequency elevation.
BASIN PLAN
A study and evaluation of an individual drainage basin's
stormwater management and flood control needs.
BUFFER
An area of predominantly vegetated land to be left open,
adjacent to drainageways, wetland, lakes, ponds or other surface waters
for the purpose of eliminating or minimizing adverse impacts to such
areas.
BUILDING
An enclosed or partially enclosed structure that is principally
above ground. The term includes a gas or liquid storage tank, a manufactured
home, mobile home or a prefabricated building. This term also includes
recreational vehicles and recreational vehicles left on a site for
more than 180 days.
CHANNEL
A natural or artificial watercourse of perceptible extent
which periodically or continuously contains moving water, or which
forms a connection link between two bodies of water. It has a definite
bed and banks which serve to confine the water.
CHANNEL MODIFICATION
Alteration of a channel by changing the physical dimensions
or materials of its bed or banks. Channel modification includes damming,
rip-rapping or other armoring, widening, deepening, straightening,
relocating, lining, and significant removal of bottom or woody vegetation.
Channel modification does not includes the clearing of dead or dying
vegetation, debris, or trash from the channel. Channelization is a
severe form of channel modification typically involving relocation
of the existing channel (e.g., straightening).
COMPENSATORY STORAGE
An excavated, hydraulically equivalent volume of storage
used to offset the loss of natural flood storage capacity when artificial
fill or structures are placed within a floodplain.
CONDITIONAL APPROVAL REGULATORY FLOODWAY MAP CHANGE
Preconstruction approval by IDOT/DWR and the Federal Emergency Management Agency of a proposed change to the floodway map. This preconstruction approval, pursuant to this Part
1, gives assurances to the property owner that once an appropriate use is constructed according to permitted plans, the floodway map can be changed, as previously agreed, upon review and acceptance of as-built plans.
CONDITIONAL LETTER OF MAP REVISION (CLOMR)
A letter which indicates that the Federal Emergency Management
Agency will revise base flood elevations, flood insurance rate zones,
flood boundaries, or floodway as shown on an effective Flood Hazard
Boundary Map or Flood Insurance Rate Map, once the as-built plans
are submitted and approved.
CONTROL STRUCTURE
A structure designed to control the rate of flow that passes
through the structure, given a specific upstream and downstream water
surface elevation.
DAM
All obstructions, wall embankments, or barriers, together
with their abutments and appurtenant works, if any, constructed for
the purpose of storing or diverting water or creating a pool. Underground
water storage tanks are not included.
DAMAGE
A measurable rise in flood heights on buildings currently
subject to flooding, or flooding of buildings currently not subject
to flooding, or increases in volume or velocity to the point where
the rate of land lost to erosion and scour is substantially increased.
DESIGN STORM
A selected storm event, described in terms of the probability
of occurring once within a given number of years, for which stormwater
or flood control improvements are designed and built.
DETENTION FACILITY
A man-made structure for the temporary storage of stormwater
runoff with controlled release during or immediately following a storm.
DEVELOPMENT
A.
Finalization of a plat, a replat, a lot split, or any man-made
change to real estate by private or public agencies, including:
(1)
Construction, reconstruction, repair, or placement of a building
or any addition to a building; or
(2)
Installation of a manufactured home on a site, preparation of
a site for a manufactured home, or the placement of a recreational
vehicle on a site for more than 180 days; or
(3)
Drilling, mining, installation of utilities, construction of
roads, bridges, or similar projects; or
(4)
Clearing of land as an adjunct of construction; or
(5)
Construction or erection of levees, walls, fences, dams, or
culverts; channel modification; filling, dredging, grading, excavating,
paving, or other alterations of the ground surface; storage of materials;
or deposit of solid or liquid waste; or
(6)
Any other activity that might change the direction, height, volume, or velocity of floodwater or surface water, including the drainage of wetlands and removal of vegetation to the extent such that the wetland would no longer meet the criteria of supporting hydrophytic vegetation as defined in this Part
1 except that which would be considered appropriate for management purposes.
B.
Development does not include repair, remodeling, or maintenance
of existing buildings and facilities or gardening, plowing, and similar
agricultural practices that do not involve filling, grading, or construction
of levees; nor does development include agricultural practices outside
of the floodplain involving filling or grading as part of an SCS-designed
and approved conservation project (i.e., terraces, grass waterways).
Additionally, development does not include fence installation, pole
placement, drilling, or other minor auxiliary construction activity
which does not affect stormwater runoff rates or volumes as long as
the development activity is not located in a floodplain, wetland,
or watercourse.
DIRECT DISCHARGE
Discharges of stormwater which have not passed through a detention or retention facility designed to the specification of this Part
1.
DRAINAGE AREA
The land area above a given point that contributes stormwater
to that point.
DRY DETENTION FACILITY
A detention facility designed to drain completely after temporary
storage of stormwater flows and to normally be dry over the majority
of its bottom area.
ELEVATION CERTIFICATES
A form published by the Federal Emergency Management Agency
that is used to certify the elevation to which a building has been
elevated.
EROSION
The process whereby soil is removed by flowing water or wave
action.
EXCEPTIONAL FUNCTIONAL VALUE WETLAND
Any wetland identified as such in the USEPA Advanced Identification
Study of Lake County (ADID) or any wetland that through a functional
assessment meets the criteria defined in that study for determining
exceptional functional value.
FEE IN LIEU OF ON-SITE DETENTION
A fee assessed to a permit applicant used to contribute to
the cost of the capital improvement component of basin plans such
as regional detention sites or improvements to downstream conveyances,
in lieu of constructing on-site detention.
FEMA
The Federal Emergency Management Agency and its regulations.
FLOOD
A general and temporary condition of partial or complete
inundation of normally dry land areas from overflow of inland or tidal
waves, or the unusual and rapid accumulation of runoff of surface
waters from any source.
FLOOD CONVEYANCE PATH
The channel, including on-stream lakes, and that portion
of the floodplain adjacent to a stream or watercourse which is needed
to convey the existing and anticipated future one-hundred-year-frequency
flood discharge with no more than a 0.1 foot increase in stage.
FLOOD FREQUENCY
A period of years, based on a statistical analysis, during
which a flood of a stated magnitude may be expected to be equaled
or exceeded.
FLOOD INSURANCE RATE MAP (FIRM)
A map prepared by the Federal Emergency Management Agency
or HUD that depicts the special flood hazard area (SFHA) within a
community. This map includes insurance rate zones and floodplains
and may or may not depict floodways.
FLOOD PROTECTION ELEVATION (FPE)
The elevation of the base flood or one-hundred-year-frequency
flood plus two feet of freeboard at any given location in the special
flood hazard area (SFHA).
FLOODPLAIN (REGULATORY)
Floodplains may be either riverine or nonriverine depressional
areas. Riverine floodplains are those areas contiguous to a lake,
pond, or stream whose elevation is greater than the normal water pool
elevation but equal to or lower than the projected one-hundred-year
flood elevation. Nonriverine floodplains are depressional storage
areas not associated with a stream system which surrounding lands
drain causing periodic inundation by stormwaters. In certain cases,
the floodplain may also be known as the "special flood hazard area"
(SFHA). A regulatory floodplain exists along any watercourse draining
100 acres or more or any nonriverine areas with a surface area greater
than 1/4 acre for the one-hundred-year event.
FLOODPLAIN MANAGEMENT
An overall program of corrective and preventive measures
for avoiding or reducing future flood damage.
FLOODPROOFING
Any combination of structural and nonstructural additions,
changes, or adjustments to structures or property which reduce or
eliminate flood damage to real estate or improved real property, water
and sanitary facilities, structures, and their contents.
FLOODPROOFING CERTIFICATE
A form published by the Federal Emergency Management Agency
that is used to certify that a building has been designed and constructed
to be structurally dry floodproofed to the flood protection elevation.
FLOODWAY (REGULATORY)
The channel, including on-stream lakes, and that portion
of the floodplain adjacent to a stream or watercourse as designated
by the Illinois Department of Transportation, Division of Water Resources,
which is needed to store and convey the existing and anticipated future
one-hundred-year-frequency flood discharge with no more than a 0.1
foot increase in stage due to the loss of flood conveyance or storage,
and no more than a 10% increase in velocities.
FREEBOARD
An increment of height added to the base flood elevation
to provide a factor of safety for uncertainties in calculations, unknown
local conditions, wave actions, and unpredictable effects such as
those caused by ice or debris jams.
FUNCTIONAL ASSESSMENT
An assessment of a wetlands flood storage, water quality,
and other beneficial functions.
HISTORIC STRUCTURE
Any structure that is:
A.
Listed individually in the National Register of Historic Places
or preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register;
or
B.
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historic district or a district preliminarily
determined by the Secretary to qualify as a registered historic district;
or
C.
Individually listed on the state inventory of historic places
by the Illinois Historic Preservation Agency; or
D.
Individually listed on a local inventory of historic places
that has been certified by the Illinois Historic Preservation Agency.
HYDRAULICALLY EQUIVALENT COMPENSATORY STORAGE
Compensatory storage placed between the proposed normal water
elevation and the proposed one-hundred-year flood elevation. All storage
lost below the existing ten-year flood elevation is replaced below
the proposed ten-year flood elevation. All storage lost above the
existing ten-year flood elevation is replaced above the proposed ten-year
flood elevation.
HYDRIC SOIL
A soil that is saturated, flooded, or ponded long enough
during the growing season to develop anaerobic conditions in the upper
part.
HYDROLOGICALLY DISTURBED
An area where the land surface has been modified to increase
runoff, volumes, rates, or direction.
HYDROPHYTIC VEGETATION
Plant life growing in water or soil or on a substrate that
is at least periodically deficient in oxygen as a result of excessive
water content.
IDOT/DWR
The Illinois Department of Transportation, Division of Water
Resources.
IMPERVIOUS SURFACE
Any hard-surfaced, man-made area that does not readily absorb
or retain water, including but not limited to building roofs, parking
and driveway areas, graveled areas, sidewalks, and paved recreation
areas.
LAKE
A natural or artificial body of water encompassing an area
of two or more acres which retains water throughout the year.
LETTER OF MAP AMENDMENT (LOMA)
An official determination by FEMA that a specific structure
is not in a one-hundred-year flood zone. A LOMA amends the effective
Flood Hazard Boundary Map (FHBM) or Flood Insurance Rate Map (FIRM).
LETTER OF MAP REVISION (LOMR)
A letter that revises base flood or one-hundred-year frequency
flood elevations, flood insurance rate zones, flood boundaries, or
floodways as shown on an effective FHBM or FIRM.
MANUFACTURED HOME
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. The
term "manufactured home" also includes park trailers, recreational
vehicles and other similar vehicles installed on site for more than
180 consecutive days.
MITIGATION
Measures taken to eliminate or minimize damage from development
activities, such as construction in wetlands or floodplain filling,
by replacement of the resource, or by other means of compensation.
NATURAL
When used in reference to streams and channels, those streams
and channels formed by the existing surface topography of the earth
prior to changes made by man. A modified stream and channel which
has regained natural characteristics over time as it meanders and
reestablishes vegetation may be considered natural.
NGVD
National Geodetic Vertical Datum of 1929.
NONRIVERINE FLOODPLAIN
Floodplains not associated with streams, creeks, or rivers,
such as isolated depressional storage areas.
ORDINANCE
Any Village of Bannockburn ordinance approving these regulations
or any amendments hereto.
ORDINARY HIGH WATER MARK
The point on the bank or shore at which the presence and
movement of surface waters are continuous so as to leave a distinctive
mark, such as by erosion, destruction, or prevention of terrestrial
vegetation, predominance of aquatic vegetation, or other such recognized
characteristics.
OWNERSHIP PARCEL
Any legally described parcel of land. This includes contiguous
lots or parcels of land owned by the same property owner.
POND
A natural or artificial body of water of less than two acres
which retains water year round.
PUBLIC FLOOD CONTROL PROJECT
A flood control project which will be operated and maintained
by a public agency to reduce flood damages to existing buildings,
structures, and property. The project includes a hydrologic and hydraulic
study of the existing and proposed conditions of the watershed. Nothing
in this definition shall preclude the design, engineering, construction,
or financing, in whole or in part, of a flood control project by persons
or parties who are not public agencies.
PUBLIC ROAD DEVELOPMENT
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.
REGISTERED PROFESSIONAL ENGINEER
An engineer registered in the State of Illinois, under the
Professional Engineer Practice Act of 1989 (225 ILCS 325/1 et seq.).
REPAIR, REMODELING, OR MAINTENANCE
Activities which do not result in any increases in the outside
dimensions of a building or any changes to the dimensions of a structure.
RETENTION FACILITY
A facility designed to completely retain a specified amount
of stormwater runoff without release except by means of evaporation,
infiltration, or pumping.
RIVERINE
Relating to, formed by, or resembling a stream (including
creeks and rivers).
SEDIMENTATION
The processes that deposit soils, debris, and other materials
either on other ground surfaces or in bodies of water or watercourses.
SITE DEVELOPMENT PERMIT
A permit established by this Part
1 and issued prior to the approval of a building permit signifying approval of procedures identified for stormwater control, floodplain development, wetlands development and mitigation, and water quality protection.
SMC DIRECTOR
The administrative head of the staff of the Lake County Stormwater
Management Commission.
SPECIAL FLOOD HAZARD AREA (SFHA)
Any base flood area subject to flooding from a river, creek,
stream, or any other identified channel or ponding and shown on a
Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A, AO,
A1-30, AE, A99, AH, VO, V30, VE, V, M, or E.
STORMWATER MANAGEMENT
A set of actions taken to control stormwater runoff with
the objectives of providing controlled surface drainage, flood control,
and pollutant reduction in runoff.
STORMWATER MANAGEMENT COMMISSION (SMC)
The Lake County Stormwater Management Commission established
and existing under 55 ILCS 5/5-1062 for the purposes of developing,
revising, and implementing a county-wide stormwater management plan.
STORMWATER MANAGEMENT SYSTEM
The collection of natural features and man-made facilities
which define the stormwater management for a development.
STREAM
A course of running water flowing in a channel (including
creeks and rivers).
STRUCTURE
The results of a man-made change to the land constructed
on or below the ground, including the construction, reconstruction,
or placement of a building or any addition to a building; installing
a manufactured home on a site; preparing a site for a manufactured
home; or installing a recreational vehicle on a site for more than
180 days.
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either a) before the improvements of repair is started,
or b) if the structure has been damaged and is being restored, before
the damage occurred. For the purposes of this definition, "substantial
improvement" is considered to occur when the first alteration of any
wall, ceiling, floor or other structural part of the building commences,
whether or not that alteration affects the external dimensions of
the structure. The term does not, however, include either 1) any project
for improvement of a structure to comply with existing state or local
health, sanitary, or safety code specifications which are solely necessary
to assure safe living conditions or 2) any alteration of a structure
listed on the National Register of Historic Places or a state inventory
of historic places.
TRANSITION SECTION
Reaches of the stream or floodway where water flows from
a narrow cross-section to a wide cross-section or vice-versa.
WATER-DEPENDENT
Structures or facilities relating to the use of, or requiring
access to, the water or shoreline. Examples of water-dependent uses
include but are not limited to pumping facilities, wastewater treatment
facilities, and facilities and improvements related to recreational
boating or commercial shipping.
WATERCOURSE
Any natural or man-made depression into which water flows
either regularly or intermittently, draining an area of 20 acres or
more.
WATERSHED
The land area above a given point on a watercourse that contributes
stormwater to that point. In Lake County, the four major watersheds
are officially defined as the Lake Michigan Watershed, the North Branch
of the Chicago River Watershed, the Des Plaines River Watershed, and
the Fox River Watershed.
WET DETENTION FACILITY
A wet detention facility designed to maintain a permanent
pool of water after the temporary storage of stormwater runoff.
WETLAND
Land that is inundated or saturated by surface water or groundwater
at a frequency and duration sufficient to support, under normal conditions,
a prevalence of vegetation adapted for life in saturated soil conditions
(known as "hydrophytic vegetation"). A wetland is identified based
upon the three attributes: 1) hydrology, 2) soils, and 3) vegetation
as mandated by the current federal wetland determination methodology.
A.
To aid in determining the presence or absence of wetlands, the
following sources of information may be used:
(1)
Lake County Wetland Inventory, Lake County Department of Management
Services.
(2)
National Wetland Inventory, U.S. Fish and Wildlife Service.
(3)
Lake County Soil Survey, U.S. Department of Agriculture-Natural
Resources Conservation Service.
(4)
U.S. Geological Survey Topographic Maps.
(5)
Consultant study or Lake County Soil and Water Conservation
District Natural Resource Opinion.
B.
The above sources of information are not in hierarchical order
and are to be used only to aid in determining the approximate location
of wetlands. Use of such off-site maps or references is not intended
to substitute for an on-site delineation.