City of Crystal Lake, IL General Permits

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.

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.

This General Permit Number 1 applies to IWMC impacts less than or equal to 0.10 acre.

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.

This General Permit Number 1 does not apply to regulated developments which would be required to meet the stormwater storage requirements of this chapter.

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.

Authorization.

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 description and depiction of the proposed regulated development demonstrating that it meets the conditions of the general permit;

All applicable consultations, waivers, approvals, and permits from federal, state, and local authorities shall be submitted; and

Payment of the stormwater management permit fee.

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.

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.

Regulated development not specified in, or not meeting the terms and conditions of, a general permit shall require an individual permit.

The City may authorize regulated development under General Permit Number 1.

Any regulated development authorized by this General Permit Number 1 shall be completed within two years of the date of authorization.

Terms and conditions for specified development.

All specified regulated development.

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.

Any drain tile serving adjoining properties that is damaged as a part of regulated development authorized by this general permit shall be repaired.

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.

This General Permit Number 1 authorizes temporary channel crossings, when necessary, provided that the temporary channel crossing meets the following requirements:

Temporary approach roads shall be 0.5 foot or less above existing grade;

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

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.

Except as specified in Subsection B above and in these terms and conditions for specified development of this General Permit Number 1, the application requirements and performance standards of this chapter are waived for regulated development authorized by this General Permit Number 1.

Underground and overhead utilities. To be authorized by this General Permit Number 1, underground and overhead utilities installation shall meet the following criteria:

The construction of the utility shall not result in any increase in ground elevations within a flood hazard area.

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.

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.

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.

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.

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.

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:

The outfall shall not project riverward or lakeward of the existing adjacent natural bank slope or bulkhead.

Construction of outfalls and outlet channels shall not result in an increase in ground elevation within a flood hazard area.

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.

Outlets from drainage ditches shall not be opened to a stream until the ditch is vegetated or otherwise stabilized to minimize stream sedimentation.

Bank erosion shall be prevented by aprons, energy dissipaters, or drop structures as necessary.

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]]

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:

Resurfacing outside flood hazard areas;

Resurfacing within flood-prone areas;

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.

Repair, not including in-kind replacement, of an existing bridge outside the designated floodway.

Editor’s Note: This ordinance also redesignated former Subsection C(4) through C(17) as Subsection C(5) through C(18), respectively.

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.

Boardwalks. To be authorized by this General Permit Number 1, boardwalks shall meet the following criteria:

This General Permit Number 1 does not apply to boardwalks within a designated floodway.

The construction of the boardwalk shall not result in any increase in existing ground elevations within a flood hazard area.

The boardwalk shall be anchored to prevent lateral movement.

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:

The length of shoreline or streambank to be protected shall not exceed 500 feet.

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]

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.

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.

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.

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:

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).

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.

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]

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.

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.

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:

No fencing shall be placed within a floodway.

No fill except posts, poles, and supports shall be placed within the flood hazard area.

Signposts, poles, fencing, and guardrails shall be nonobstructive to flood flows.

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:

This General Permit Number 1 does not authorize modifications to the size, shape, and material of culverts within a floodway.

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.

This General Permit Number 1 does not authorize culvert extensions within a designated floodway.

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.

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:

The construction of the deck shall not result in any increase in existing ground elevations within a flood hazard area.

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]

The deck shall not be enclosed.

The deck shall be anchored to prevent lateral movement.

The deck must be nonobstructive to flood flows and designed not to catch debris.

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:

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.

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.

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.

The length of beach restoration shall not exceed 1,000 feet.

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:

This General Permit Number 1 does not authorize the installation of aboveground pools within a flood hazard area.

This General Permit Number 1 does not authorize fill within a flood hazard area.

Spoil materials shall be hauled away from the development site.

Disturbance of vegetation shall be kept to a minimum during construction to prevent erosion and sedimentation.

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:

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.

Fill within a flood hazard area shall be the minimum necessary for construction.

(15)

Material storage. To be authorized by this General Permit Number 1, material storage shall meet the following criteria:

This General Permit Number 1 does not apply within a flood hazard area.

The design shall minimize exposure of pollutants to precipitation and stormwater runoff.

(16)

Dredging. To be authorized by this General Permit Number 1, dredging shall meet the following criteria:

This General Permit Number 1 applies to dredging channels and ponds.

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.

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.

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.

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:

This General Permit Number 1 authorizes wetland restoration and enhancement on any public or private land, including:

The removal of accumulated sediments;

Restoration of eroded areas and grade stabilization;

Installation, removal and maintenance of small water control structures, dikes and berms; and

Other related activities.

This General Permit Number 1 may be used to relocate aquatic habitat types on the development site.

This General Permit Number 1 does not authorize:

Fill within flood hazard areas, except that which would restore the development site to the natural condition;

The relocation or channelization of a linear waterway such as a river, stream, or creek;

The conversion of a stream or creek to another aquatic use, such as the creation of an impoundment for waterfowl habitat; or

The conversion of natural wetlands to another aquatic use.

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]

This General Permit Number 1 applies to construction of a watershed benefit measure.

A narrative shall be provided describing the project, the intended watershed benefits, and how the project will not adversely affect adjacent properties.

Watershed benefit measure projects shall not exceed one mile for linear projects or one acre for non-linear projects.

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.

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:

Fill within flood hazard areas, except that which would restore the development site to the natural condition;

Projects that only qualify as dredging;

The relocation or channelization of a linear waterway such as a river, stream, or creek; or

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.

Applicability.

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.

This General Permit Number 2 does not apply to regulated development within flood hazard areas.

This General Permit Number 2 does not apply to regulated development within IWMC or WOTUS.

This General Permit Number 2 does not apply to regulated developments which would be required to meet the stormwater storage requirements of this chapter.

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.

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.

The following information is required for authorization by General Permit Number 2:

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]

Property lines;

Buildings and other structures;

Easements;

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]

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]

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.

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]

A benchmark referenced to NAVD88;

Existing contours extending 100 feet beyond the development site, with a maximum contour interval of one foot;

Existing spot elevations demonstrating drainage patterns;

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.

All applicable consultations, waivers, approvals, and permits from federal, state, and local authorities shall be submitted.

Payment of the stormwater management permit fee.

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.

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.

Regulated development not specified in, or not meeting the terms and conditions of, a general permit shall require an individual permit.

The City may authorize regulated development under General Permit Number 2.

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.

(7)

[3]Any regulated development authorized by this general permit shall be completed within two years of the date of authorization.

Editor’s Note: Former Subsection B(7) was redesignated as Subsection C(1) 9-6-2016 by Ord. No. 7290.

Terms and conditions for specified development.

[Amended 9-6-2016 by Ord. No. 7290]

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.

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.

Appropriate pretreatment shall be provided for stormwater runoff directed to new or existing Class V injection well.