General permits waive certain requirements of this chapter in
order to streamline the permit process for specific types of routine
projects. The general permits listed in this article may be issued
by the City, provided that the regulated development meets the applicability
criteria, the terms and conditions for the specific type of project,
and the authorization requirements.
TABLE 2
Summary of General Permit 1
[Amended 9-6-2016 by Ord.
No. 7290; 8-15-2017 by Ord. No. 7391; 11-17-2020 by Ord. No. 7671] | |||
---|---|---|---|
Type of Regulated Development
|
Applicability
|
Authorization
|
Terms and Conditions
|
Underground and overhead utilities
|
Subsection A
|
Subsection B
|
Subsection C(1) and (2)
|
Storm sewer outfalls, drain tile outfalls, and outlet channels
|
Subsection A
|
Subsection B
|
Subsection C(1) and (3)
|
Road maintenance and bridges
|
Subsection A
|
Subsection B
|
Subsection C(1) and C(4)
|
Sidewalks, trails, driveways, and patios
|
Subsection A
|
Subsection B
|
Subsection C(1) and C(5)
|
Boardwalks
|
Subsection A
|
Subsection B
|
Subsection C(1) and C(6)
|
Seawalls
|
Subsection A
|
Subsection B
|
Subsection C(1) and C(7)
|
Other shoreline and stream bank protection
|
Subsection A
|
Subsection B
|
Subsection C(1) and C(8)
|
Signposts, poles, fencing, and guardrails
|
Subsection A
|
Subsection B
|
Subsection C(1) and C(9)
|
Minor modification of culverts, storm sewers, and drain tiles
|
Subsection A
|
Subsection B
|
Subsection C(1) and C(10)
|
Decks
|
Subsection A
|
Subsection B
|
Subsection C(1) and C(11)
|
Topsoil and sand restoration
|
Subsection A
|
Subsection B
|
Subsection C(1) and C(12)
|
Pools
|
Subsection A
|
Subsection B
|
Subsection C(1) and C(13)
|
Replacement on-site waste disposal systems
|
Subsection A
|
Subsection B
|
Subsection C(1) and C(14)
|
Material storage
|
Subsection A
|
Subsection B
|
Subsection C(1) and C(15)
|
Dredging
|
Subsection A
|
Subsection B
|
Subsection C(1) and C(16)
|
Wetland restoration and enhancement
|
Subsection A
|
Subsection B
|
Subsection C(1) and C(17)
|
Watershed benefit measure
|
Subsection A
|
Subsection B
|
Subsection C(1) and C(18)
|
A.
Applicability.
(1)
This General Permit Number 1 only applies to regulated developments identified in this section, which result in less than 20,000 square feet of hydrologically disturbed area, except where the terms and conditions for specified development set forth in Subsection C below explicitly state otherwise.
(2)
This General Permit Number 1 applies to regulated development within flood hazard areas, except where the terms and conditions for specified development set forth in Subsection C below explicitly state otherwise.
(3)
This General Permit Number 1 applies to IWMC impacts less than or
equal to 0.10 acre.
(4)
This General Permit Number 1 applies to regulated development within
WOTUS when a permit or letter of no objection has been obtained from
the USACE.
(5)
This General Permit Number 1 does not apply to regulated developments
which would be required to meet the stormwater storage requirements
of this chapter.
(6)
This General Permit Number 1 does not apply to regulated developments
which would adversely impact drainage patterns on adjoining property
or increase flood heights on adjoining property.
B.
Authorization.
(1)
Applicants seeking authorization by General Permit Number 1 shall
demonstrate an ownership interest in the subject property, or written
authorization by the property owner to proceed with the development,
and shall submit a stormwater management permit application with the
required supporting information to the enforcement officer prior to
commencing a proposed regulated development. The following information
is required in support of the stormwater management permit application:
(a)
A description and depiction of the proposed regulated development
demonstrating that it meets the conditions of the general permit;
(b)
All applicable consultations, waivers, approvals, and permits
from federal, state, and local authorities shall be submitted; and
(c)
Payment of the stormwater management permit fee.
(2)
If the enforcement officer determines that the proposed regulated
development complies with the terms and conditions of General Permit
Number 1, the enforcement officer shall notify the applicant in writing
and shall schedule a meeting at the development site for photographic
documentation of the site conditions. If the enforcement officer determines
that the regulated development does not comply with the terms and
conditions of General Permit Number 1, the enforcement officer shall
notify the applicant in writing and provide instructions on the procedures
to seek authorization under an individual permit.
(3)
No part of a regulated development shall be authorized by a general
permit, unless the entire regulated development meets the terms and
conditions of one or more general permits.
(4)
Regulated development not specified in, or not meeting the terms
and conditions of, a general permit shall require an individual permit.
(5)
The City may authorize regulated development under General Permit
Number 1.
(6)
Any regulated development authorized by this General Permit Number
1 shall be completed within two years of the date of authorization.
C.
Terms and conditions for specified development.
(1)
All specified regulated development.
(a)
Disturbance of vegetation shall be kept to a minimum during
construction to prevent erosion and sedimentation. The enforcement
officer may add requirements or conditions as necessary to control
soil erosion and sedimentation.
(b)
Any drain tile serving adjoining properties that is damaged
as a part of regulated development authorized by this general permit
shall be repaired.
(c)
This General Permit Number 1 does not authorize the operation
of equipment within a channel. To the extent possible, all in-stream
work shall be conducted during low-water conditions.
(d)
This General Permit Number 1 authorizes temporary channel crossings,
when necessary, provided that the temporary channel crossing meets
the following requirements:
[1]
Temporary approach roads shall be 0.5 foot or less above existing
grade;
[2]
Fill within the channel shall be at or below existing grade
and shall be composed of nonerosive material, such as rip-rap or gravel;
and
[3]
The temporary channel crossing, including temporary approach
roads, shall be removed within 90 days after installation, unless
the enforcement officer grants an extension of time.
(2)
Underground and overhead utilities. To be authorized by this General
Permit Number 1, underground and overhead utilities installation shall
meet the following criteria:
(a)
The construction of the utility shall not result in any increase
in ground elevations within a flood hazard area.
(b)
The construction of the utility shall not involve the placement
of aboveground structures in a flood hazard area other than supporting
towers for overhead utilities, well casings, and watertight openings
necessary for a water supply system or sanitary sewer line. All aboveground
openings for new and replacement water supply systems and wells within
a flood hazard area shall be watertight or elevated to the FPE. When
the BFE has not yet been determined according to the flood hazard
areas performance standards of this chapter, the BFE may be approximated
by adding two feet to the highest adjacent grade.
(c)
All aboveground openings for new and replacement sanitary sewer
lines within a flood hazard area shall be watertight below the FPE.
When the BFE has not yet been determined according to the flood hazard
areas performance standards of this chapter, the BFE may be approximated
by adding two feet to the highest adjacent grade.
(d)
In the case of underground stream crossings, the top of the
pipe or encasement shall be buried a minimum of three feet below the
existing stream bed.
(e)
Overhead utilities and associated supporting towers shall be
nonobstructive to flood flows, shall not be placed below the ordinary
high water mark, and shall be designed not to catch debris within
a flood hazard area. If attached to an existing bridge, the utility
shall be constructed above the low chord elevation.
(f)
In IWMC, any excavation shall be backfilled with soil excavated
from the trench in the same stratification in which it was removed.
(g)
A contingency plan for frac-out shall be required for any utility
proposed to be installed by directional boring.
(3)
Storm sewer outfalls, drain tile outfalls, and outlet channels. To
be authorized by this General Permit Number 1, storm sewer outfalls,
drain tile outfalls, and outlet channels shall meet the following
criteria:
(a)
The outfall shall not project riverward or lakeward of the existing
adjacent natural bank slope or bulkhead.
(b)
Construction of outfalls and outlet channels shall not result
in an increase in ground elevation within a flood hazard area.
(c)
The velocity of the discharge shall not exceed the scour velocity
of the channel soil, unless channel erosion would be prevented by
the use of rip-rap or other design measures.
(d)
Outlets from drainage ditches shall not be opened to a stream
until the ditch is vegetated or otherwise stabilized to minimize stream
sedimentation.
(e)
Bank erosion shall be prevented by aprons, energy dissipaters,
or drop structures as necessary.
(4)
Maintenance
of existing roads and bridges. To be authorized by this General Permit
Number 1, maintenance of existing roads and bridges shall meet the
following criteria:
[Added 9-6-2016 by Ord.
No. 7290[1]]
(a)
Rehabilitative maintenance, such as milling and overlaying, that
does not increase the impervious area and does not increase the surface
elevation. Maintenance also includes increasing the surface elevation,
with the following limitations:
[1]
Resurfacing outside flood hazard areas;
[2]
Resurfacing within flood-prone areas;
[3]
Resurfacing within the flood fringe, provided the difference between
the elevation of the road or bridge surface after resurfacing and
the elevation of the road or bridge surface on the effective date
of this chapter is not more than two inches.
(b)
Repair, not including in-kind replacement, of an existing bridge
outside the designated floodway.
[1]
Editor’s Note: This ordinance also redesignated former
Subsection C(4) through C(17) as Subsection C(5) through C(18), respectively.
(5)
Sidewalks, trails, driveways, and patios. To be authorized by this
General Permit Number 1, sidewalks, trails, driveways, and patios
shall be built at or below existing grade within a flood hazard area.
(6)
Boardwalks. To be authorized by this General Permit Number 1, boardwalks
shall meet the following criteria:
(a)
This General Permit Number 1 does not apply to boardwalks within
a designated floodway.
(b)
The construction of the boardwalk shall not result in any increase
in existing ground elevations within a flood hazard area.
(c)
The boardwalk shall be anchored to prevent lateral movement.
(d)
The boardwalk shall be nonobstructive to flood flows and designed
not to catch debris.
(7)
Seawalls. To be authorized by this General Permit Number 1, construction
of seawalls shall meet the following criteria:
(a)
The length of shoreline or streambank to be protected shall
not exceed 500 feet.
(b)
The seawall shall be properly anchored to resist anticipated
forces of current and wave action. The applicant acknowledges upon
submittal of the permit application that the requirement will be met.
[Amended 9-15-2020 by Ord. No. 7653]
(c)
The seawall shall not extend higher than the ordinary high water
mark, unless the height of the new seawall matches the height of the
existing seawall or existing seawalls on adjacent properties.
(d)
Eroded areas on the landward side of the seawall may be backfilled,
provided the backfill is not placed higher than the top of the seawall.
(e)
The seawall shall be located so that the modified cross-sectional
area of a channel does not decrease the cross-sectional area of the
natural channel upstream and downstream of the development site. The
enforcement officer may waive this requirement where a new seawall
would tie into existing seawalls upstream and downstream of the development
site, or where a new seawall is constructed no more than six inches
riverward of the existing seawall.
(f)
In the case of seawalls on lakes, the seawall shall be constructed
at or landward of the water line as determined by the normal pool
elevation. The enforcement officer may waive this requirement where
a new seawall would tie into existing seawalls on adjacent properties,
or where a new seawall is constructed no more than six inches lakeward
of the existing seawall.
(8)
Other shoreline and streambank protection. To be authorized by this
General Permit Number 1, construction of shoreline and streambank
protection shall meet the following criteria:
(a)
Where vegetative streambank and shoreline protection is not
used, only the following structural materials may be utilized: stone
and concrete riprap, cellular blocks, fabric-formed concrete, gabion
baskets, rock and wire mattresses, sand/cement filled bags, geotechnical
fabric materials, and treated timber (excluding creosote-treated railroad
ties, utility poles, and other timber).
(b)
The length of shoreline or streambank to be protected shall
not exceed 1,000 feet. Where nonvegetative (structural) protection
is utilized, the length of shoreline or streambank stabilization to
be protected shall not exceed 500 feet. Vegetative and nonvegetative
protection may be combined, but in no case shall nonvegetative protection
exceed 500 feet in total length.
(c)
All material utilized shall be properly sized or anchored to
resist anticipated forces of current and wave action. The Illinois
Urban Manual or other references approved by the enforcement officer
may be used for proper material sizing.
[Amended 11-17-2020 by Ord. No. 7671]
(d)
Materials shall be placed in a way that would not cause erosion
or the accumulation of debris on properties adjacent to or opposite
the project.
(e)
Materials shall be placed so that the modified cross-sectional
area of a channel conforms to that of the natural channel upstream
and downstream of the development site or the bank may be graded to
obtain a flatter slope and to lessen the quantity of material required.
(f)
In the case of gabion structures and similar protection measures
on lakes, the structure shall be constructed at or landward of the
water line as determined by the normal pool elevation.
(g)
This General Permit Number 1 does not authorize in-stream work
performed beyond the toe of the slope, with the exception of naturalized
grade control that does not result in a loss of conveyance.
(9)
[2]Signposts, poles, fencing, and guardrails. To be authorized
by this General Permit Number 1, signposts, poles, fencing, and guardrails
shall meet the following criteria:
(a)
No fencing shall be placed within a floodway.
(b)
No fill except posts, poles, and supports shall be placed within
the flood hazard area.
(c)
Signposts, poles, fencing, and guardrails shall be nonobstructive
to flood flows.
[2]
Editor’s Note: Former Subsection C(9), Minor noncommercial
boat docks, was repealed 8-15-2017 by Ord. No. 7391. This ordinance
also redesignated former Subsection C(10) through (18) as Subsection
C(9) through (17), respectively.
(10)
Minor modification of culverts, storm sewers, and drain tiles.
To be authorized by this General Permit Number 1, minor modification
of culverts, storm sewers and drain tiles shall meet the following
criteria:
(a)
This General Permit Number 1 does not authorize modifications
to the size, shape, and material of culverts within a floodway.
(b)
This General Permit Number 1 does not authorize modifications
to the size, shape, and material of culverts where a building within
500 feet upstream of the culvert is located within a mapped Zone AE,
A, AH, or AO floodplain on the FEMA FIRM.
(c)
This General Permit Number 1 does not authorize modifications
to the size, shape, and material of culverts where a building within
500 feet upstream of the culvert is located within a mapped "flood
of record" area on the USGS Hydrologic Investigation Atlas Flood of
Record Map.
(d)
This General Permit Number 1 does not authorize culvert extensions
within a designated floodway.
(e)
Modifications to the size, shape, and material of a culvert,
storm sewer, or drain tile shall maintain 90% to 125% of the capacity
of the existing culvert, storm sewer, or drain tile. Minor adjustment
of pipe invert elevations to correct an adverse slope shall be allowed
without consideration of the resulting increase in pipe capacity.
Calculations prepared by a licensed professional engineer shall be
submitted demonstrating compliance with this condition.
(f)
Culvert extensions shall not exceed the lesser of 40 feet or
100% of the original pipe length and shall not result in a change
in alignment or a reduction in pipe size.
(11)
Decks. To be authorized by this General Permit Number 1, decks
shall meet the following criteria:
(a)
The construction of the deck shall not result in any increase
in existing ground elevations within a flood hazard area.
(b)
If either the existing building or proposed deck is within a
flood hazard area, the deck shall be constructed as a stand-alone
structure and shall not be attached to an existing building.
[Amended 9-6-2016 by Ord.
No. 7290]
(c)
The deck shall not be enclosed.
(d)
The deck shall be anchored to prevent lateral movement.
(e)
The deck must be nonobstructive to flood flows and designed
not to catch debris.
(f)
The deck shall be designed to allow automatic entry and exit
of floodwaters.
(12)
Topsoil and sand restoration. To be authorized by this General
Permit Number 1, topsoil and sand restoration shall meet the following
criteria:
(a)
Topsoil may be placed within a flood hazard area for the purpose
of restoring the natural ground elevation and stabilizing an erosion
control problem or establishing vegetative cover.
(b)
Topsoil may be placed within a flood hazard area for the purpose
of restoring pre-subsidence ground elevations to an area that primarily
experiences subsidence due to flooding. The restoration fill shall
not exceed pre-subsidence ground elevations.
(c)
Up to one cubic yard of sand per lineal foot may be placed for
the purpose of restoring a beach within a flood hazard area.
(d)
The length of beach restoration shall not exceed 1,000 feet.
(e)
This General Permit Number 1 does not authorize the placement
of sand for the purpose of creating a new beach or expanding an existing
beach.
(13)
Pools. To be authorized by this General Permit Number 1, pools
shall meet the following criteria:
(a)
This General Permit Number 1 does not authorize the installation
of aboveground pools within a flood hazard area.
(b)
This General Permit Number 1 does not authorize fill within
a flood hazard area.
(c)
Spoil materials shall be hauled away from the development site.
(d)
Disturbance of vegetation shall be kept to a minimum during
construction to prevent erosion and sedimentation.
(e)
Appropriate soil erosion and sediment control practices shall
be utilized.
(14)
Replacement on-site waste disposal systems. To be authorized
by this permit, replacement on-site waste disposal systems shall meet
the following criteria:
(a)
Replacement on-site waste disposal systems may be installed
in the flood hazard area below the BFE, provided that no reasonable
alternative exists, as determined by the enforcement officer, and
provided that the system has a watertight holding tank and all mechanical
and electrical components and aboveground openings of the system below
the BFE are watertight. When the BFE has not yet been determined according
to the flood hazard areas performance standards of this chapter, the
BFE may be approximated by adding two feet to the highest adjacent
grade.
(b)
Fill within a flood hazard area shall be the minimum necessary
for construction.
(16)
Dredging. To be authorized by this General Permit Number 1,
dredging shall meet the following criteria:
(a)
This General Permit Number 1 applies to dredging channels and
ponds.
(b)
This General Permit Number 1 does not apply to the construction
of a new channel or water body; all work shall be for the purpose
of reestablishing the natural or original designed condition.
(c)
Spoil materials shall be spread thinly (less than 0.1 foot)
and incorporated into existing cultivated areas, or shall be hauled
away from the development site.
(d)
Temporary stockpiles greater than 100 cubic yards and temporary
stockpiles remaining in place more than seven days shall not be located
in flood hazard areas and shall be nonobstructive to flood flows.
Temporary stockpile areas shall not occupy more than 20,000 square
feet in total.
(e)
Channel dredging projects shall not exceed 0.5 mile. The hydrologic
disturbance limit of 20,000 square feet is waived for the area of
channel dredging.
(17)
Wetland restoration and enhancement. To be authorized by this
General Permit Number 1, wetland restoration and enhancement shall
meet the following criteria:
(a)
This General Permit Number 1 authorizes wetland restoration
and enhancement on any public or private land, including:
(b)
This General Permit Number 1 may be used to relocate aquatic
habitat types on the development site.
(c)
This General Permit Number 1 does not authorize:
[1]
Fill within flood hazard areas, except that which would restore
the development site to the natural condition;
[2]
The relocation or channelization of a linear waterway such as
a river, stream, or creek;
[3]
The conversion of a stream or creek to another aquatic use,
such as the creation of an impoundment for waterfowl habitat; or
[4]
The conversion of natural wetlands to another aquatic use.
(d)
The abandonment or removal of drain tiles shall be annotated
on a drain tile survey for any restoration and enhancement activities
involving the abandonment or removal of drain tiles.
(18)
Watershed benefit measure. To be authorized by this General
Permit Number 1, watershed benefit measure shall meet the following
criteria:
[Added 11-17-2020 by Ord.
No. 7671]
(a)
This General Permit Number 1 applies to construction of a watershed
benefit measure.
(b)
A narrative shall be provided describing the project, the intended
watershed benefits, and how the project will not adversely affect
adjacent properties.
(c)
Watershed benefit measure projects shall not exceed one mile
for linear projects or one acre for non-linear projects.
(d)
All material utilized shall be properly sized or anchored to
resist anticipated forces of current and wave action. The Illinois
Urban Manual or other references approved by the enforcement officer
may be used for proper material sizing.
(e)
Materials shall be placed in a way that would not cause erosion
or the accumulation of debris on properties adjacent to or opposite
the project.
(f)
Materials shall be placed so that the modified cross-sectional
area of a channel conforms to that of the natural channel upstream
and downstream of the development site. The bank may be graded to
obtain a flatter slope and to lessen the quantity of material required.
(g)
Spoil materials shall be spread thinly (less than 0.1 foot)
and incorporated into existing cultivated areas, or shall be hauled
away from the development site.
(h)
Temporary stockpiles greater than 100 cubic yards and temporary
stockpiles remaining in place for more than seven days shall not be
located in flood hazard areas and shall be nonobstructive to flood
flows. Temporary stockpile areas shall not occupy more than 20,000
square feet in total.
(i)
The installation, repair, replacement abandonment, or removal
of drain tiles shall be annotated on a drain tile survey for any restoration
and enhancement activities involving drain tiles.
(j)
This General Permit Number 1 does not authorize:
[1]
Fill within flood hazard areas, except that which would restore
the development site to the natural condition;
[2]
Projects that only qualify as dredging;
[3]
The relocation or channelization of a linear waterway such as
a river, stream, or creek; or
[4]
In-stream work performed beyond the toe of the slope, with the
exception of naturalized grade control that does not result in a loss
of conveyance.
A.
Applicability.
(1)
This General Permit Number 2 only applies to regulated developments
involving the construction or reconstruction of a single-family residence
resulting in less than one acre of hydrologically disturbed area.
(2)
This General Permit Number 2 does not apply to regulated development
within flood hazard areas.
(3)
This General Permit Number 2 does not apply to regulated development
within IWMC or WOTUS.
(4)
This General Permit Number 2 does not apply to regulated developments
which would be required to meet the stormwater storage requirements
of this chapter.
(5)
This General Permit Number 2 does not apply to regulated developments
which would adversely impact drainage patterns on adjoining property
or increase flood heights on adjoining property.
B.
Authorization. Applicants seeking authorization by General Permit
Number 2 shall demonstrate an ownership interest in the subject property,
or written authorization by the property owner to proceed with the
development, and shall submit a stormwater management permit application
with the required supporting information to the enforcement officer
prior to commencing the proposed regulated development.
(1)
The
following information is required for authorization by General Permit
Number 2:
(a)
A development plan shall prepared by a licensed professional
engineer and be submitted showing the proposed regulated development
with all other relevant information, including, but not limited to:
[Amended 9-6-2022 by Ord. No. 7857]
[1]
Property lines;
[2]
Buildings and other structures;
[3]
Easements;
[4]
Utility lines, culverts, on-site waste disposal systems, and
wells;
[5]
Existing and proposed ground elevations sufficient to depict
the proposed work and how it ties into existing ground elevations;
[6]
Existing and proposed impervious areas;
[7]
Areas of temporary disturbance;
[8]
Placement of spoil materials;
[9]
Details of construction;
[10]
Dimensions of the proposed regulated development;
[11]
The type and location of all soil erosion and
sediment control measures;
[12]
Specifications for seeding or other methods of
stabilization;
[13]
The McHenry County Standard Soil Erosion and Sediment
Control Notes in Appendix 2;[1]
[1]
Editor's Note: Appendix 2 is included as an attachment to this chapter.
[14]
All components of the stormwater management system,
including the overland flow path, drain tiles, storm sewers, and water
quality protection measures;
[15]
The McHenry County Standard Drain Tile Notes in
Appendix 3;[2]
[2]
Editor's Note: Appendix 3 is included as an attachment to this chapter.
[16]
The location of any flood hazard area on the development
site and extending 100 feet beyond the development site, based on
available maps and studies; and
[17]
The location of all WOTUS and IWMC, extending
100 feet beyond the development site, based on available maps and
studies.
(b)
For regulated development disturbing 20,000
square feet or more, the development plan shall be prepared by a licensed
professional engineer and include the following additional information:
[Amended 9-6-2016 by Ord. No. 7290]
[1]
A benchmark referenced to NAVD88;
[2]
Existing contours extending 100 feet beyond
the development site, with a maximum contour interval of one foot;
[3]
Existing spot elevations demonstrating drainage
patterns;
[4]
Top of foundation and lowest entry elevation
of all existing buildings within 100 feet of the development site;
[5]
All existing impervious areas such as roadways,
structures, parking lots, driveways, sidewalks, pathways, trails;
[6]
The existing stormwater management system, including
storm sewers, drain tiles, culverts, and inlets on the development
site and 100 feet beyond the development site. Information regarding
the invert and rim elevations, pipe sizes, pipe lengths, and material
type shall be provided;
[7]
Existing utilities, including sanitary sewer,
water main, on-site waste disposal system, well, or any other utilities
that exist on the site and 100 feet beyond the development site. On
development sites where an infiltration facility is proposed, existing
water supply wells shall be shown 200 feet beyond the development
site. Information regarding the invert and rim elevations, pipe sizes,
pipe lengths, and material type shall be provided;
[8]
Location and limits of all existing and proposed
deed or plat restrictions;
[9]
Existing trees and vegetation areas on the development
site;
[10]
Proposed contours throughout the
development site, with a maximum contour interval of one foot;
[11]
Proposed spot elevations demonstrating
drainage patterns;
[12]
Top of foundation, lowest floor, low opening elevation,
and floodproofing elevations of all proposed structures adjacent to
or within a flood hazard area, stormwater management facility or along
an overland flow path;
[Amended 11-17-2020 by Ord. No. 7671]
[13]
All proposed impervious areas
such as roadways, structures, parking lots, driveways, sidewalks,
pathways, trails;
[14]
The proposed stormwater management
system, including pipes, drain tiles, culverts, and inlets on the
development site. Information regarding the invert and rim elevations,
pipe sizes, pipe lengths, and material type shall be provided;
[15]
Proposed utilities, including
sanitary sewer, storm sewer, water main, on-site waste disposal system,
well, or any other utilities on the site. Information regarding the
invert and rim elevations, pipe sizes, pipe lengths, and material
type shall be provided;
[16]
Design details for proposed stormwater
management system, including, but not limited to, major and minor
stormwater systems; and
[17]
Cross-sections for overland flow
paths, sufficient to demonstrate compliance with the freeboard requirements
of this chapter.
(c)
All applicable consultations, waivers, approvals, and permits
from federal, state, and local authorities shall be submitted.
(d)
Payment of the stormwater management permit fee.
(2)
If the enforcement officer determines that the proposed regulated
development complies with the terms and conditions of General Permit
Number 2, the enforcement officer shall notify the applicant in writing.
If the enforcement officer determines that the regulated development
does not comply with the terms and conditions of a General Permit
Number 2, the enforcement officer shall notify the applicant in writing
and provide instructions on the procedures to seek authorization under
an individual permit.
(3)
No part of a regulated development shall be authorized by a general
permit, unless the entire regulated development meets the terms and
conditions of one or more general permits.
(4)
Regulated development not specified in, or not meeting the terms
and conditions of, a general permit shall require an individual permit.
(5)
The City may authorize regulated development under General Permit
Number 2.
(6)
Except as specified in this Subsection B and in the terms and conditions for specified development set forth in Subsection C below of this General Permit Number 2, the application requirements and performance standards of this chapter are waived for regulated development authorized by a General Permit Number 2.
C.
Terms and conditions for specified development.
[Amended 9-6-2016 by Ord.
No. 7290]
(1)
Disturbance
of vegetation shall be kept to a minimum during construction to prevent
erosion and sedimentation. The enforcement officer may add requirements
or conditions as necessary to control soil erosion and sedimentation.
(2)
All concentrated stormwater discharges from a regulated development
shall be conveyed into an existing channel, storm sewer, or overland
flow path and shall not result in flood damage at the development
site or upstream of the development site.
(3)
The diversion of stormwater runoff shall be prohibited unless no
reasonable alternative exists, as determined by the enforcement officer.
The diversion of stormwater runoff shall not result in flood damage
at the development site, upstream of the development site or on downstream
adjoining properties.
(4)
Appropriate pretreatment shall be provided for stormwater runoff
directed to new or existing Class V injection well.
(5)
Appropriate pretreatment shall be provided for stormwater runoff
directed to infiltration based practices in areas designated as High
or Moderately High Potential for Aquifer Recharge/Contamination on
the McHenry County Sensitive Aquifer Recharge Areas Map.
The McHenry County Board may enter into letters of understanding
with various agencies that perform regulated development activities
in McHenry County. The purpose of a letter of understanding is to
streamline the stormwater management permit process for routine and
minor projects related to the restoration or enhancement of natural
areas or for regulated development that makes natural areas accessible
to the public. A letter of understanding shall describe the terms
and conditions for specific regulated development activities to ensure
compliance with the purpose and intent of this chapter. A letter of
understanding will be issued after notice and opportunity for public
review and comment, and approval from IDNR/OWR and FEMA, if required
by law. Once a letter of understanding has been issued, the letter
of understanding shall authorize any regulated development by the
named agency which meets the terms and conditions of the letter of
understanding, until the letter of understanding expires or is terminated
by action of the McHenry County Board. Certified communities may adopt
and enforce any letter of understanding issued by McHenry County within
the community's jurisdiction. Noncompliance with the requirements
and standards of a letter of understanding constitutes a violation
of this chapter and is subject to the violation and penalty standards
of this chapter.