[HISTORY: Adopted by the Board of Trustees of the Village of Oakwood 9-10-2018 by Ord. No. 18-9-13-1. Amendments noted where applicable.]
Sewers — See Ch. 222.
This article shall be known, cited, and referred to as the "Storm Water Control Ordinance of the Village of Oakwood, Vermilion County, Illinois."
The purpose of this article is to control the transportation or movement of stormwater and reduce the damage to property and injury to persons and hazards to public health and safety occasioned thereby, and to protect, conserve, and promote the orderly development of land and water resources. Additionally the purpose of this article is to control soil erosion on land that is undergoing changes to existing grades by adding, removing, or relocating dirt on-site for nonagricultural purposes and to preserve the natural terrain and waterways of land within the incorporated portions of the Village. Soil erosion scars the land and creates sediment that clogs storm sewers and road ditches, chokes streams and creates silt lakes, all of which pose a threat to public health and safety. The provisions of this article are intended to provide a natural community environment, to prevent soil erosion and to reduce costly repairs to gullies, washed out fills, water conveyance systems, roads and embankments. Application of the regulations in this article will effectively control soil erosion and sedimentation. Any person, firm, corporation or business proposing to change existing grades by adding, removing or relocating any dirt within the Village of Oakwood shall first apply to the Village Superintendent of Public Works and the Village Engineer for approval of required erosion control plans and issuance of any permits as specified in this article.
This article is intended to require the temporary storage of stormwater runoff and to control the rate of release of stormwater runoff thereby equitably apportioning the liabilities and benefits of stormwater runoff between the dominant and servient estates. Further, it is intended that this article compliment the Village Subdivision Ordinance (Title 16).
For the purposes of this article, the words and phrases listed hereunder have the meanings designated herein, except when a particular context clearly requires a different meaning:
- Is the Village Engineer and the Village Superintendent of Public Works, who shall jointly administer and enforce this article. If only one of them is available, that one person may serve as administrator.
- The Board of Trustees of the Village of Oakwood, Illinois.
- CAPACITY OF A STORMWATER DETENTION FACILITY
- The maximum volume that can be stored by a stormwater detention facility without causing damage to the public or encroachment upon private property. The capacity of a stormwater detention facility is generally determined utilizing stormwater flood routing methods.
- CAPACITY OF A STORMWATER DRAINAGE FACILITY
- The maximum flow at atmospheric pressure that can be conveyed by the facility without causing damage to the public or encroachment upon private property. The capacity of a stormwater drainage facility is determined utilizing "Manning's Equation" or similar formulae.
- A natural or artificial watercourse of perceptible extent which periodically or continuously contains moving water, or which forms a connecting link between two bodies of water. It has a definite bed and banks which serve to confine the water.
- CONTROL STRUCTURE
- A facility constructed to regulate the volume of stormwater that is released during a specific length of time.
- The County of Vermilion, Illinois.
- A closed conduit for the passage of surface drainage water under a roadway, railroad, canal, or other impediment.
- DEBRIS OR SEDIMENT BASIN
- A barrier or dam built across a waterway or at other suitable locations to retain rock, sand, gravel, silt or other materials.
- DETENTION STORAGE
- The temporary detaining or storage of stormwater in storage basins, on rooftops, in streets, parking lots, schoolyards, parks, open space, or other areas under predetermined and controlled conditions, with the rate of drainage therefrom regulated by appropriately installed devices.
- Any man-made change to improved or unimproved real estate, including, but not limited to, construction of or substantial improvements to buildings or other structures, the placement of mobile homes, mining, dredging, filling, grading, paving, excavation or drilling operations.
- DRAINAGE AREA
- The area from which water is carried off by a drainage system; a watershed or catchment area above a given point.
- DRAINAGE EASEMENT
- Authorization by a property owner allowing use of a designated portion of his or her property by others for drainage purposes.
- DRY BOTTOM STORMWATER DETENTION BASIN
- A facility that is designed to be normally dry and which accumulates stormwater runoff only during periods when the restricted stormwater runoff release rate is less than the stormwater inflow rate.
- The wearing away of the land surface by the action of wind, water and gravity.
- EXCAVATION or CUT
- The removal, stripping or disturbance of soil, earth, sand, rock, gravel or other similar substances from the ground.
- EXCESS STORMWATER PASSAGEWAY
- A channel formed on the surface of the soil to carry excess stormwater runoff through a specific area from dominant to servient estates.
- EXCESS STORMWATER RUNOFF
- That portion of stormwater runoff which exceeds the transportation capacity of storm sewers or natural drainage channels serving a specific watershed.
- The Federal Emergency Management Agency.
- FILL or FILLING
- The placing of any soil, earth, sand, rock, gravel, or other substance on the ground.
- FINISHED GRADE
- The final grade or elevation of the ground surface conforming to the proposed design.
- FLOOD ELEVATION
- The elevation of all locations delineating the maximum level of high waters for a flood of given return period.
- The special flood hazard lands adjoining a watercourse, the surface elevation of which is lower than the flood elevation and which are subject to periodic inundation during floods.
- The channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry and discharge the design flood.
- The inclination or slope of a channel, canal, conduit, etc., or natural ground surface, usually expressed in terms of the percentage the vertical rise (or fall) bears to the corresponding horizontal distance.
- Any excavation, filling, or combination thereof.
- The International Building Code, latest edition.
- The Illinois Environmental Protection Agency.
- A term applied to material through which water cannot pass, or through which water passes with great difficulty or at a very slow rate. For the purposes of this article, any surface which typically would be assigned a Rational Method "C" value of 0.60 or greater shall be considered impervious.
- An opening into a storm sewer system for the entrance of surface storm runoff, more completely described as a storm sewer inlet.
- NATURAL DRAINAGE
- Water flow by gravity in channels formed by the true surface topography of the earth prior to changes made by the efforts of man.
- NATURAL DRAINAGE CONDITION
- The situation whereby water flows by gravity in channels formed by the true surface topography of the earth prior to changes made by the efforts of man.
- NATURAL SAFE STORM WATER DRAINAGE CAPACITY
- The quantity of stormwater runoff that can be transported by means of a channel, passage, conduit, tube, duct, or combination thereof, in such a manner that the elevation of the water does not rise significantly above the level of the adjacent soil surface, and cause damage or encroachment upon public or private property. For the purposes of this article, it is presumed that the maximum safe stormwater drainage capacity for downstream stormwater drainage systems is the capacity required to carry the rate of stormwater runoff from a five-year return period storm prior to the date of adoption of the ordinance codified in this article.
- The notice of intent for a general permit to discharge stormwater associated with construction activities. (See § 144-5)
- The National Pollutant Discharge Elimination System.
- OPEN CHANNEL
- A constructed ditch or channel designed for water flow.
- The record title holder or a beneficiary of a land trust which is the record title holder, and includes singular or plural; if the owner is other than an individual, the term includes beneficiaries, agents, shareholders, officers and directors, partnerships, associations, firms, trusts, clubs, companies or corporations.
- PEAK FLOW
- The maximum rate of flow of water at a given point in a channel or conduit resulting from a pre-determined storm or flood.
- An individual, public or private corporation, government, partnership, or unincorporated association.
- PLANNED UNIT DEVELOPMENT or PUD
- A parcel of land of a minimum contiguous size as specified by ordinance initially under single ownership or control, which contains two or more principal buildings and/or more than one principal use; planned, developed and constructed as a unified development.
- POSITIVE GRAVITY OUTLET
- A term used to describe the drainage of an area in a manner that will ensure complete removal of all surface water by means of gravity.
- RECOGNIZED AGENCY
- A governmental unit or agency that has statistically and consistently examined local, climatic, and geologic conditions and maintained records as they apply to stormwater runoff, e.g., United States Weather Bureau, University of Illinois Engineering Experiment Station, and Illinois State Water Survey.
- RETURN PERIOD
- The average interval of time within which a given rainfall event will be equaled or exceeded once. A flood having a return period of 50 years has a 2% probability of being equaled or exceeded in any one year.
- RUNOFF COEFFICIENT
- A decimal fraction relating the amount of rain which appears as runoff and reaches the storm sewer system to the total amount of rain falling. A coefficient of 0.5 implies that 50% of the rain falling on a given surface appears as stormwater runoff.
- Solid material, mineral or organic that has been moved by erosion and deposited in a location other than the point of origin.
- SILT TRAPS OR FILTERS
- Staked bales or silt fencing systems that function as a filter and a velocity check to trap fine-grained sediment while allowing satisfactory passage of stormwater runoff.
- A lot or parcel of land, or a contiguous combination thereof, where grading work is performed as a single unified operation.
- SITE DEVELOPMENT
- Altering terrain and/or vegetation and construction improvements.
- STORM SEWER
- A closed conduit for conveying collected stormwater.
- STORMWATER DRAINAGE SYSTEM
- All means, natural or man-made, used for conducting stormwater to, through or from a drainage area to the point of final outlet, including but not limited to any of the following: conduits, appurtenant features, canals, channels, ditches, streams, culverts, streets and pumping stations.
- STORMWATER MANAGEMENT PLAN
- No development shall be approved unless the developer submits and the Village Engineer approves a stormwater management plan that attenuates the acceleration of runoff due to development. A stormwater management plan shall mean and shall include those report(s), plans and other documents which identify the water which naturally flows to, from and through the development, the means of controlling the stormwater runoff release from the development, and the storage potential provisions for the anticipated excess stormwater runoff.
- A. A stormwater management plan is required for all developments that meet the following criteria:
- (1) Residential developments of five or more acres gross aggregate land area, including roads, utility rights-of-way, and any other dedicated lands. Residential developments of less than five acres if the amount of impervious surface is greater than 50% of the area of development.
- (2) Nonresidential developments of two or more acres gross aggregate land area including roads, utility rights-of-way, and any other dedicated lands. Nonresidential developments of less than two acres if the amount of impervious surface is greater than 50% of the area of development.
- B. The following definitions shall apply to the stormwater management plan, over and above other definitions provided elsewhere in this article:
- C. Preparation of stormwater management plan. All computations, plans and specifications related to the implementation of this article must be prepared and sealed by a professional engineer registered in the State of Illinois.
- D. Plan requirements. Unless the Village Engineer excludes specific items, the stormwater management plan shall include, but not be limited to, the following information:
- (1) A topographic map of the project site, and a drainage basin limits map and other pertinent data necessary to define flows entering the development from adjacent land. Maps shall be of suitable scale and contour interval, and include the extent of floodplains, calculated high water elevations, the shoreline of existing lakes, ponds, swamps and detention basins as well as their inflow and outflow structures, if any. Maps shall also include the fifty-year and 100-year floodplain elevations for any streams for which detailed flood studies have been prepared by the Illinois Division of Water Resources or federal agencies. Floodway limits should also be shown as defined by available studies.
- (2) The locations and invert elevation of all existing sanitary and storm sewers in the developing area or in adjacent areas.
- (3) Detailed calculations of runoff anticipated for the developed site which indicate design volumes and existing and proposed runoff rates for each portion of the watershed tributary to the storm drainage system. The project engineer shall submit the calculations used to determine said runoff volumes and rates as well as a restatement of the criteria used throughout the calculations. Calculations shall be provided for a five-year storm, fifty-year storm and a 100-year storm event.
- (4) A site plan of the proposed stormwater management system including the location and size of all drainage structures, storm sewers, channels and channel sections, detention basins, outlet lines, and analyses of the effect of said improvement on the receiving outlet pipe, the associated channel and high water elevations.
- (5) The slope, type, and size of all existing and proposed storm sewers and other waterways.
- (6) A plot or tabulation of storage volumes with corresponding water surface elevations and of the basin outflow rates for five-year, fifty-year and 100-year water surface elevations for all detention basins. If development work is to be performed in phases, said tabulations should be performed independently for each phase.
- (7) Design hydrographs of inflow and corresponding outflow for both the fifty-year and 100-year design runoff events for the site's projected final state of development and the calculated five-year, fifty-year, and 100-year peak inflows from the development under natural, existing conditions and under the projected final state of development for all detention basins.
- (8) A profile and one or more cross sections of all existing and proposed channels or other open drainage facilities, showing existing conditions and the proposed changes thereto. In addition, the project engineer will provide high water elevations expected from stormwater runoff under the controlled conditions called for by these regulations and the relationship of structures, streets, and other utilities to such channels.
- (9) An engineering cost estimate detailing and explaining all construction costs associated with the stormwater management plan.
- STORMWATER RUNOFF
- Water that results from precipitation which is not absorbed by soil or plant material, which does not evaporate and which flows over the surface of the ground or is collected in channels, conduits or ponds.
- STORMWATER RUNOFF RELEASE RATE
- The rate at which stormwater runoff is released from dominant to servient land.
- STORMWATER STORAGE AREA
- An area designated to temporarily accumulate excess stormwater.
- STREAMBANK, TOP OF EXISTING
- The usual boundaries, not the flood boundaries of a stream channel. The top of the natural incline bordering a stream.
- Anything that is constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. Among other things, structures include buildings, fences, signs, mobile homes, swimming pools, and walls.
- The Stormwater Pollution Prevention Plan.
- TRADITIONAL AGRICULTURAL USES
- Uses commonly classed as agricultural or horticultural, including forestry, crop farming, truck gardening, wholesale nursery operations, animal husbandry, the operation of any machinery or vehicles incidental to such uses, and the construction of single-family dwellings and other farm structures incidental to and typically associated with such uses. Agri-business uses are not considered to be traditional agricultural uses and include but are not limited to commercial grain elevators, commercial facilities for grain storage, drying, or other processing; commercial feed, seed, or fertilizer manufacturing, processing, or sales; commercial farm machinery repair or sales; large scale or commercial livestock or poultry production facilities; agricultural research or development offices or laboratories; or any other agriculture-related use, which substantially increases the size of paved or compacted areas which may cause significant or measurable increases in stormwater runoff.
- TRIBUTARY WATERSHED
- The entire catchment area that contributes stormwater runoff to a given point.
- The Village of Oakwood, Vermilion County, Illinois.
- Any stream, creek, brook, branch, natural or artificial depression, slough, gulch, reservoir, lake, pond or natural or man-made drainage way in or into which stormwater runoff and flood waters flow either regularly or intermittently.
- WET BOTTOM STORMWATER STORAGE AREA
- A facility that contains a body of water and which accumulates excess stormwater during periods when the restricted stormwater runoff release rate is less than the stormwater inflow rate.
Required erosion and sedimentation control plan. Owners/operators of construction sites shall have National Pollutant Discharge Elimination System (NPDES) permit coverage for discharges of stormwater from construction sites where one or more acres of land will be disturbed. For sites less than one acre, see subsections 144-5B and C. Many permittees in Illinois obtain permit coverage for their construction projects under the state's general stormwater NPDES permit for construction activities. In order for stormwater discharges from construction sites to be authorized under this general permit, the site owner must submit a notice of intent (NOI) in accordance with the requirements of the general permit. Permittees must develop and implement a stormwater pollution prevention plan (SWPPP) to effectively prevent the discharge of pollutants from the site. The full general permit, and related information about the requirements for construction sites, is available from Illinois EPA at its website on the internet. Construction activities can include utility construction/repair, subdivision construction including public and/or private infrastructure, road construction, construction of residential houses, office/commercial buildings, industrial sites, or demolition. "Land disturbance" means exposed soil due to clearing, grading, or excavation activities. Larger common plan of development or sale describes a situation in which multiple construction activities are occurring, or will occur, on a contiguous area. An operator is the person or persons with either operational control of construction project plans and specifications, or day-to-day operational control of activities necessary to ensure compliance with IEPA stormwater NPDES permit conditions. Site owners are required to obtain permit coverage for any construction activity that results in a total land disturbance of one acre or more.
Contents of plan. Grading plans, site plans, preliminary plat of subdivision, or the subdivision improvement plans for grading land areas one acre or more in area shall include the following additional information:
Erosion and sediment control plans submitted to the designated official shall include three sets of maps and plans with specifications showing proposed excavation, grading or filling and will include the following:
Full name and address of property owner.
Designation of property address and a location map.
Portion of the property that is to be excavated, graded or filled with excavated material.
Location of any sewerage disposal system or underground utility line, any part of which is within 50 feet of the proposed excavation, grading or filling area and the location of any pipeline operated at a maximum service pressure in excess of 20 psig, any part of which is within 100 feet of the proposed excavation, grading or filling area.
Existing grade and topography of the premises and the proposed finished grade and final contour elevation at a contour interval of not more than two feet on United States geological survey datum.
Location and present status of any previously permitted grading operations on the property.
Details of any temporary drainage system proposed to be installed and maintained by the applicant and a comprehensive drainage plan designed to safely handle surface water, streams or other natural drains following heavy rains during grading operations.
Details of proposed water impoundment structures, embankments, sediment or debris basins, grass or lined waterways and diversions with the details and locations of proposed stable outlets and the location of any downstream impoundments which could be affected by the proposed grading.
Details of soil preparation and revegetation of the finished grade and of other methods of soil erosion control.
Proposed truck and equipment accessways to the work site.
Delineation of the 100-year flood plain and floodway.
A statement from the property owner or his agent assuming full responsibility for the performance of the operation as stated in the application. This statement shall also contain assurance that all Village property or roads will be adequately protected.
The proposed phasing of development of the site, including clearing, rough grading and construction, and final grading and landscaping. Phasing should identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas and the sequence of clearing, installation of temporary sediment control measures, installation of storm drainage, paving streets and parking areas, and establishment of temporary and permanent vegetative cover. The designated official may waive specific requirements for the content of submissions upon finding that the information submitted is sufficient to show that the work will comply with the objectives and principles of these regulations.
Additional requirements of plan. The sediment and erosion control plan must define the measures to be taken to meet erosion control principles and standards as defined in this article. The plan must ensure that sediment is not transported from the site by a storm event of 10 years, twenty-four-hour frequency rainfall as published by the Illinois State Water Survey rainfall for this region less the allowable release rate.
Soil and water conservation district comments. When a plan is submitted to the designated official, the plan shall also be submitted to the Vermilion County Soil and Water Conservation District. Such comments may pertain but need not be limited to:
Principles and standards.
All excavations, grading, or filling shall have a finished grade not to exceed a 3:1 slope (33%). Steeper grades may be approved by the Village Engineer if the excavation is through rock or the excavation or the fill is adequately protected (a designed head wall or toe wall may be required). Retaining walls that exceed a height of four feet shall require the construction of safety guards or protective fencing as identified in the appropriate sections of the adopted IBC code and must be approved by the Village Superintendent of Public Works. Permanent safety guards will be constructed in accordance with the appropriate section(s) of the Village-adopted IBC code.
Sediment and erosion control plans for sites that exceed one acre of grading shall provide for sediment or debris basins, silt traps or filters, staked sediment logs, or other approved measures to remove sediment from runoff waters, the design to be approved by the designated official. Temporary siltation control measures (structural) shall be maintained until vegetative cover is established at a sufficient density to provide erosion control on the site. Sediment logs shall be American Excelsior Curlex Type II (12 inches diameter) units or equal. Unit length shall be 10 feet. Density of sediment logs shall not exceed 2.6 lb./CF.
All lots less than one acre that are currently being constructed upon as commercial or residential or having fill dirt added, removed, or relocated from any site in preparation for construction or grade changes to the lot are required to take action to control silt runoff to the public right-of-way or private adjacent property as determined by the appropriate official. Failure to install and maintain appropriate siltation barriers to ease silt runoff will result in stop-work orders until corrective action is taken. In addition, excessive siltation runoff from construction sites onto public streets shall be cleaned by those responsible promptly upon Village directive. If not cleaned up at the end of the day of Village notification, the responsible party will be billed for overtime pay and any equipment costs incurred by the Village. Where grade changes are made to existing vacant lots, no water runoff or silt runoff shall be directed to an adjacent property, and no natural water run off shall be altered to block or increase natural drainage.
Where natural vegetation is removed during grading, vegetation shall be reestablished in such a density as to prevent erosion. Permanent type grasses shall be established as soon as possible or during the next seeding period after grading has been completed.
When grading operations are completed or suspended for more than 30 days, permanent grass must be established at sufficient density to provide erosion control on the site. Between permanent grass seeding periods, temporary cover shall be provided according to the designated official's recommendation. All finished grades (areas not to be disturbed by future improvement) in excess of 20% slopes (5:1) shall be mulched and tacked at the rate of 100 pounds per 1,000 square feet when seeded.
Provisions shall be made to accommodate the increased runoff caused by changed soil and surface conditions during and after grading. Unvegetated open channels shall be designed so that gradients result in velocities of two fps (feet per second) or less. Open channels with velocities more than two fps and less than five fps shall be established in permanent vegetation by use of commercial erosion control blankets or lined with rock, riprap or concrete or other suitable materials as approved by the designated official. Detention basins, diversions, or other appropriate structures shall be constructed to prevent velocities above five fps.
The adjoining ground-to-development sites (lots) shall be provided with protection from accelerated and increased surface water, silt from erosion, and any other consequences of erosion. Runoff water from developed areas (parking lots, paved sites and buildings) above the area to be developed shall be directed to diversions, detention basins, concrete gutters and/or underground outlet systems. Sufficiently anchored straw bales may be temporarily substituted with the approval of the designated official.
Development along natural watercourses shall have residential, commercial or industrial improvements, parking areas or driveways set back a minimum of 25 feet from the top of the existing stream bank. The watercourse shall be maintained and made the responsibility of the developer, the subdivision trustees after final plat approval and in the case of a site plan, by the property owner. Permanent vegetation should be left intact. Variances will include designed stream bank erosion control measures and shall be approved by the designated official. FEMA and the United States Army Corps of Engineer's guidelines shall be followed where applicable regarding site development areas designated as flood plains and wetlands.
All lots shall be seeded and mulched at the rates defined in Appendix A of this article or sodded before an occupancy permit shall be issued; except, that a temporary occupancy permit may be issued by the Village Superintendent of Public Works in cases of undue hardship because of unfavorable ground conditions.
Editor's Note: Exhibit A is included as an attachment to this chapter.
Except as may otherwise be provided herein, all structures erected hereafter, all uses of land or structures established hereafter, all improvements to watercourses, all structural alterations or relocation of existing structures occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter, located within the Village, or within the jurisdictional area of the Village, shall be subject to the provisions of this article.
Except as otherwise provided below, no building permit may be issued; no subdivision or plat of land may be approved or recorded; no mobile home, independent travel trailer, or recreational travel trailer park permit may be issued; no planned community development may be approved; no development or planned unit development may be approved; no watercourse, stormwater drainage system, storm sewer, or control structure may be constructed; and no paved or compacted area designed to be used for loading, open storage, or the parking or movement of vehicles may be constructed without first having complied with the provisions of this article and having obtained the approval of the Village Superintendent of Public Works.
The following land use changes and types of construction or development are excluded from terms of this article:
Traditional agricultural land uses;
Single-family dwellings constructed on lots or parcel of land, which were of record on the effective date of the ordinance codified in this article;
Modification of single-family dwellings which will continue to be used as single-family dwellings;
Modification of structure or appurtenances other than single-family dwellings, which do not increase the amount of impermeable area;
Improvement of existing roadways which does not increase the number of traffic lanes in the typical cross-section of the roadway.
Inspections. By applying for a development permit, the applicant consents to the Village inspecting the proposed development site and all work in progress.
This article establishes stormwater control policies for control of stormwater runoff and development of stormwater drainage facilities within the jurisdictional limits of the Village. Accordingly, a combination of temporary storage and the controlled release of stormwater runoff shall be required for all new commercial and industrial developments, residential subdivisions, planned unit developments, and any redevelopment or other new construction. For this area, it is intended that the maximum controlled stormwater release rate shall not exceed the natural safe stormwater drainage capacity of the downstream stormwater drainage system as defined by this article.
It is anticipated in this article that a landowner shall be allowed to pass through existing excess stormwater runoff from tributary areas upstream from that owner's land without storage or controlled release of such runoff. It is further anticipated that this article will require the controlled release of excess stormwater runoff resulting from development on owner's land. The controlled release rate of excess stormwater runoff from an owner's land shall not exceed the rate of runoff which would have occurred from that owner's land prior to the development of that owner's land. It is presumed that prior to development, that owner's land had a traditional agricultural use. It is further presumed that the maximum safe stormwater drainage capacity for downstream stormwater drainage systems is the capacity required to carry a rate of stormwater runoff from a five-year return period storm prior to the date of adoption of the ordinance codified in this article.
The following requirements shall be applicable and shall be satisfied prior to the construction, improvement or development of any structure, project or land which is subject to the provisions of this article:
Maximum release rate. The maximum controlled release rate for each independent watershed area within the owner's land shall be determined in the following manner:
For that portion of the watershed outside of an owner's land, the peak rate of runoff which would have occurred for a five-year return period storm under the state of development existing just prior to application for development of an owner's land shall be calculated and determined.
For that portion of the watershed within the lands of an owner, the peak rate of runoff which would have occurred for a five-year return period storm under a state of traditional agricultural usage shall be calculated and determined.
The peak rate of runoff which would have occurred for a five-year return period storm shall be determined using the rational method or other substantial method acceptable to the Village Engineer.
The five-year and fifty-year return period storm shall be determined utilizing "Bulletin 71 - Rainfall Frequency Atlas for the Midwest" by Floyd A. Huff and James R. Angel and published in 1992 by the Illinois State Water Survey, or the most recently available information.
In the event that the downstream stormwater runoff drainage system is inadequate to accommodate the maximum release rate provided above, then the Village, at its option, may reduce the allowable release rate to that rate permitted by the capacity of the receiving stormwater runoff drainage system and additional storage as determined by the Village Engineer may be required to store that portion of the runoff exceeding the capacity of the receiving stormwater runoff drainage system. When the Village exercises this option, the owner and the Village shall pay a proportional share of the costs of the storage, as mutually determined by the Village and the owner.
Storm sewer systems.
Capacity. All storm sewer systems shall be designed for the peak rate of runoff from a minimum of a five-year return period storm. The five-year return period storm shall be determined utilizing "Bulletin 71 - Rainfall Frequency Atlas for the Midwest" by Floyd A. Huff and James R. Angel and published in 1992 by the Illinois State Water Survey, or the most recently available information. The minimum pipe diameter shall be 10 inches. The system shall have a free outlet. All design calculations and modeling results, as applicable shall be submitted to the Village Engineer for approval.
Grade. Sewer grades shall be such that, in general, a minimum of two feet of cover is maintained over the top of the pipe; however, the minimum cover shall be three feet for vitrified clay pipe. Pipe cover less than the minimum may be used upon site-specific approval by the Village Engineer. Uniform slopes shall be maintained between inlets, manholes and inlet to manhole. Minimum and maximum allowable slopes shall be those capable of producing velocities between two and 10 feet per second, respectively, when the sewer is flowing full. Velocities lower than the minimum or higher than the maximum may be used upon site-specific approval by the Village Engineer.
Overland flow. The maximum distance for overland flow of stormwater runoff to an underground storm sewer system shall be 600 feet.
Alignment. Storm sewers shall be constructed in a straight line between manholes insofar as possible. Where long radius curves are necessary to conform to street layout, the minimum radius of curvature shall be no less than 100 feet. Deflection of pipe sections shall not exceed the maximum deflection recommended by the pipe manufacturer. The deflection shall be uniform and the finished installation shall follow a smooth curve.
Manholes. Manholes shall be installed to provide access to continuous underground storm sewers for the purpose of inspection and maintenance. Manholes shall be provided at the following locations:
Where two or more storm sewers converge;
At the point of beginning or at the end of a curve, and at the point of reverse curvature (PC, PT, PRC) of a storm sewer;
Where pipe size changes;
Where an abrupt change in alignment occurs;
Where a change in pipe slope occurs;
At suitable intervals in straight sections of sewers;
The maximum distance between manholes shall be as follows:
Inlets and catch basins. Inlets and catch basins on drainage structures shall be utilized to collect surface water through grated openings and convey it to storm sewers or culverts. All inlets and catch basins shall be constructed in accordance with the attached standard details and as approved by the Village Engineer.
Trench backfill. Trench backfill requirements shall conform to the applicable portions of the Standard Specifications for Road and Bridge Construction, Illinois Department of Transportation (latest edition) and shall be compacted coarse aggregate CA-6 or CA-10, or as otherwise approved by the Village Engineer.
The strength requirements of the sewer pipe shall conform to the requirements of the Standard Specifications for Road and Bridge Construction, Illinois Department of Transportation; Engineer to verify the strength of the pipe used.
Workmanship. The specifications for the construction of storm sewers shall not be less stringent than those set forth in the Standard Specifications for Water and Sewer Main Construction in Illinois, latest edition. Construction of any utility pipe or conduit such as gas, electric and water through any storm sewer structure shall be prohibited, except with approved conflict structures.
Surface drainage systems. Surface drainage will be permitted for stormwater, where cost estimates show storm sewers are not economically feasible (including all life-cycle costs and the value of the land consumed), where land use conditions indicate this method is feasible, and where topographic conditions indicate there will be no difficulty from this method of disposal of stormwater. Such economic and feasibility studies shall be reviewed and approved by the Village Engineer.
Capacity. All surface drainage systems of stormwater shall be designed for the peak rate of runoff from a minimum of a five-year return period storm. The five-year return period storm shall be determined utilizing "Bulletin 71 - Rainfall Frequency Atlas for the Midwest" by Floyd A. Huff and James R. Angel and published in 1992 by the Illinois State Water Survey, or the most recently available information. The system shall have a free outlet. All design calculations must be submitted to the Village Engineer for approval.
Grade. Stormwater surface drains shall be constructed with uniform bottom slopes along the entire length of the drains. Minimum and maximum allowable grade shall be those capable of producing velocities between 0.5 and 10.0 feet per second, respectively, when the surface drain is flowing full. In all cases, stormwater velocity shall be controlled to eliminate problems of soil erosion or other damage which could detract from the primary use of the area.
Side slopes and bottom widths. Surface drains shall be constructed having side slopes of not less than three feet horizontal to one foot vertical, or flatter. Side slopes steeper than three feet horizontal to one foot vertical shall not be used without site-specific approval by the Village Engineer. A channel bottom width of not less than one foot shall be provided.
Erosion. Design of surface drains shall include control of soil erosion. Temporary seeding or other soil stabilization measures shall be utilized during construction to control erosion. Permanent erosion control measures such as mulching, hydro-seeding, nurse crops, conventional seeding, or other similar measures shall be utilized upon completion of construction. These measures shall meet or exceed the standards established by the Vermilion County Soil and Water Conservation District, if any.
Culverts. Culverts and similar structures shall have a capacity which meets or exceeds the capacity of the surface drain, but shall be a minimum of 12 inches in diameter. The flow line of a culvert shall match the flow line of the surface drain. Culverts shall meet or exceed the requirements of "An Ordinance to Regulate the Construction, Maintenance, or Replacement of driveways and driveway culvert pipes within the right-of-ways under the jurisdiction of the Village of Oakwood" as amended.
Workmanship. The specifications for the construction of stormwater surface drains shall equal or exceed those set forth in the Standard Specifications for Road and Bridge Construction, Illinois Department of Transportation (latest edition) or shall be as otherwise approved by the Village Engineer.
Tile drains. All major stormwater surface drains as designated by the Village Engineer shall also be constructed with a subsurface drainage title or tubing encased to the surface with Class "X" washed gravel as shown on the attached standard details.
Excess stormwater passageway. An excess stormwater passageway shall be provided for the floodplains of all natural watercourses and such man-made watercourses and storm drainage systems as the Village Engineer may direct, which shall have adequate capacity to convey the excess stormwater from the tributary watershed. The capacity of this excess stormwater passageway shall be adequate to transport the peak rate of runoff from the fifty-year return period storm, assuming all upstream areas are fully developed for uses specifically permitted by existing zoning and antecedent rainfall has saturated the tributary watershed. The increase due to saturation shall be calculated by a ratio of the amount of runoff of the Antecedent Moisture Condition III to Antecedent Moisture Condition II of the twenty-four-hour, fifty-year return frequency storm as outlined by the United States Soil Conservation Service for the tributary watershed. No structures shall be constructed within this passageway; however, streets, parking lots, playgrounds, park areas, pedestrian walkways, open green space, and utility and sewer easements shall be considered compatible uses. Design of the excess stormwater passageway shall include control of stormwater velocity to eliminate problems of soil erosion or other damage which would detract from the primary use of the area. The entire area of any excess stormwater passageway within the corporate limits of the Village and 1 1/2 miles thereof shall be placed in a drainage easement or remain under the jurisdiction of the Village, other governmental unit, or Village-approved quasi-public agency (i.e., homeowner's association, etc.) In the event this passageway is reshaped or its capacity to transport excess stormwater is otherwise restricted, the Village may cause to have any restrictions removed at the expense of the agency, party, or parties causing or permitting these restrictions. Should a natural drain exist, it shall be preserved and used to the extent possible, as a part of the excess stormwater passageway. Where it is necessary to reroute a natural drain, the rerouted drain shall have a capacity equivalent to or greater than that which existed in the natural drain and as otherwise required by this article.
Stormwater storage. When the maximum controlled stormwater runoff rate would be exceeded upon the development, redevelopment, or new construction on the owner's land, stormwater storage methods shall be provided and constructed by the owner. Any one or all of the stormwater storage methods listed shall be provided and constructed.
The volume of required stormwater storage shall be calculated on the basis of the maximum value achieved from the runoff of a fifty-year return period storm less the volume of water released through the outlet structure. The fifty-year return period storm shall be determined utilizing "Bulletin 71 - Rainfall Frequency Atlas for the Midwest" by Floyd A. Huff and James R. Angel and published in 1992 by the Illinois State Water Survey, or the most recently available information. The method utilized for calculation of volume of storage shall be the Soil Conservation Service (SCS) method or any other substantial method acceptable to the Village Engineer. The release rate of the outlet structure when one-half of the storage volume is filled may be used in lieu of routing techniques in small drainage areas. The control structure shall be designed to maintain as uniform a flow as possible, independent of the stormwater storage volume. Where the proposed structure, project, or land development forms only a portion of a watershed or contains portions of several watersheds, the storage volume calculations shall be based upon the area of the entire project, development, or land use change.
The storage of excess stormwater runoff from a fifty-year return period storm having a duration of 24 hours, released at the allowable rate, shall not result in a storage duration in excess of 24 hours, but storage duration may be as long as 48 hours upon site-specific approval by the Village Engineer. All design calculations must be submitted to the Village Engineer for approval.
Each stormwater storage area shall be provided with a method of overflow in the event a storm in excess of the design capacity occurs. This overflow facility shall be constructed to function without special attention and can become a part of the excess stormwater passageway described in Subsection C of this section.
The entire stormwater storage area shall be designed and constructed to fully protect the public health, safety, and welfare. If a condition occurs in the stormwater storage area which is hazardous to the public health, safety, or welfare, the person responsible for the condition will be required to provide approved corrective measures. In the event these corrective measures are not provided, the Village may eliminate the hazard at the expense of the person responsible.
Dry bottom stormwater storage.
Dry bottom stormwater storage areas may be designed to serve a secondary purpose for recreation, open space, or similar type of uses which will not be adversely affected by occasion intermittent flooding;
Minimum grades for turf areas shall be 0.5% (200 units horizontal to one unit vertical) and maximum side slopes shall be 25% (four units horizontal to one unit vertical). Storage areas side slopes shall follow the natural land contours as closely as practicable, and a minimum of earth excavation shall be used to create the storage facility. Geometrics of dry bottom stormwater storage areas shall be approved by the Village Engineer.
Temporary seeding or other soil stabilization measures shall be established in the stormwater storage area and excess stormwater passageway immediately following the construction or reconstruction of these areas. During the construction of the overall development, it is recognized that a limited amount of sediment buildup may occur in the stormwater storage area due to erosion. In no case shall the volume of the storage area be reduced to less than 90% of the required volume during the construction phase of the development. Permanent erosion control measures such as mulching, hydro-seeding, conventional seeding, nurse crops, fertilizing, or sod installation shall be utilized to control soil movement and erosion within the storage area and excess stormwater passageway. These measures shall meet or exceed the standards established by the Vermilion County Soil and Water Conservation District, if any. The installation of these permanent measures shall take place only after the majority of construction and other silt- and sediment-producing activities have been completed. Prior to the establishment of the permanent erosion control measures, the required capacity of the stormwater storage area and the excess stormwater passageway shall be restored.
The control structure shall be provided with an interceptor for trash and debris, and it shall be designed and constructed to prevent soil erosion and not to require manual adjustments for its proper operation. The control structure shall be designed to operate properly with little or no maintenance and/or attention. The control structure shall be provided with safety screens for any pipe or opening to prevent children or large animals from crawling into structures. The control structure shall be constructed to allow access to it at all times, including times of flood flow.
Adequate impact stilling basins shall be provided to ensure that downstream soil erosion is mitigated as much as practical and the regime of the downstream drain facility is not disturbed.
Low-flow conduits or channels shall be provided in stormwater storage areas; these conduits or channels shall be so constructed that they will not interfere with any secondary usage of the storage area and will reduce the frequency of time that the storage area will be covered with water. Low-flow conduits shall facilitate complete interior drainage of the stormwater storage area.
Pipe outlets of less than six inches in diameter shall not be allowed. Multiple outlets from a storm storage area shall be avoided if they are designed to be less than 12 inches in diameter.
The maximum planned depth of stormwater stored shall not exceed six feet.
Tile underdrains shall be provided in dry bottom stormwater storage areas. These tile underdrains shall be so constructed that they will not interfere with any secondary usage of the storage area. Tile underdrains shall be so constructed so that they shall facilitate dewatering of the soils in the stormwater storage area to avoid marshy or saturated soil conditions. Tile underdrains systems may be combined with the low flow conduits or channels system and shall be as approved by the Village Engineer.
Danger signs shall be mounted at appropriate locations, as determined by the Village Engineer, to warn of deep water, possible flood conditions during storm periods and other dangers that may exist. Fencing shall be provided whenever side slopes are greater than four horizontal to one vertical.
Wet bottom stormwater storage. Wet bottom stormwater storage areas shall be designed in compliance with all the regulations which are applicable and govern the construction of dry bottom stormwater storage areas. The following additional regulations shall apply:
The water surface area of the permanent pool shall not exceed one-tenth of the area of the tributary watershed, or as approved by the Village Engineer.
Protection of the shoreline must be provided to alleviate soil erosion due to wave action. Provide a protective "safety shelf" that extends a minimum of eight feet from the edge of the permanent pool waterward. Safety shelf shall have a slop of 10:1 (horizontal-to-vertical) or flatter. The maximum depth of the permanent pool of water over the safety shelf shall be 1.5 feet.
Except as noted above, the minimum normal water depth shall be three feet. If fish are to be used to keep the pond clean, at least one-quarter of the pond area shall be a minimum of 10 feet deep. In addition to that specified above, an additional two vertical feet shall be provided for sediment storage.
Facilities shall be provided to lower the pond elevation by gravity flow for cleaning purposes and shoreline maintenance.
The control structure for stormwater release shall be designed to operate at full design release rate with only a small increase in water depth in order to minimize the land surface wetted by frequent minor stormwater runoff conditions.
Measures shall be included in the design to prevent pond stagnation. This may be accomplished by aeration or some other method used to ensure aerobic pond conditions.
The volume of water permanently stored shall not be considered to be part of the required excess stormwater storage volume.
Wet storage basins shall be permanently fenced when so required by the Village Planning Commission, using six-foot-tall chain link or PVC fencing.
Paved stormwater storage. Design and construction of the pavement base must insure that there is no pavement damage due to flooding. Control structures in paved areas must be readily accessible for maintenance and cleaning. Vortex control devices will be required.
Rooftop stormwater storage. Rooftop storage of excess stormwater shall be designed and constructed to provide permanent control inlets and parapet walls to contain excess stormwater. Adequate structural roof design must be provided to ensure that roof deflection does not occur which could cause the roofing material to fail and result in leakage. Overflow areas must be provided to ensure that the weight of stored stormwater will never exceed the structural capacity of the roof.
Automobile parking lot storage areas. Automobile parking lots may be designed to provide temporary detention storage on a portion of their surfaces. Automobile parking facilities used to store excess stormwater must be constructed having a maximum depth of stored stormwater of 0.5 feet; and these areas shall be located in the most remote, least used areas of the parking facility. Design and construction of automobile parking in stormwater areas must insure that there is no damage to the parking facility due to flooding, including damage to the subbase. "WARNING" signs shall be mounted at the locations deemed by the Village Engineer to warn others of possible flood conditions during storm periods.
Underground stormwater storage. Underground stormwater storage facilities must be designed for easy access in order to remove accumulated sediment and debris. These facilities must be provided with a positive gravity outlet.
Stormwater storage areas which will be filled to capacity by frequent storms shall be designed in a manner that will protect immediate downstream properties, and all overflow structures shall be designed to function properly and effectively without the necessity of making manual adjustments A larger outlet for a stormwater storage area may be permitted by the administrator for the orderly management of stormwater runoff where large tributary areas were developed without detention.
If the orderly management of the stormwater runoff cannot be achieved by passing the entire tributary area runoff through the stormwater storage area, then the stormwater storage area may be constructed to exclude the runoff from the tributary area originating outside of the area to be developed.
Where the owner has a large tract of land upon which development is to occur in several phases, the owner may construct, upon site-specific approval by the Village Engineer, one stormwater storage facility which is designed to be enlarged at later dates as additional portions of the owner's lands are developed and as additional stormwater storage is required due to that development.
Where portions of the owner's land are tributary to the same drain for an outlet, but which are within two or more tributary areas to that drain, the owner may construct, upon site-specific approval by the Village Engineer, compensatory stormwater detention facilities within one tributary area which offset the lack of construction of stormwater detention facilities in another tributary area. Such compensatory storage shall be designed and constructed such that the net effect of these facilities shall be to limit the amount of stormwater runoff released into the drain to that which would have occurred had stormwater detention facilities been constructed for all the tributary areas.
Storm water storage areas may be planned and constructed jointly by two or more land owners so long as compliance with this article is maintained.
Where fringe portions of the owner's land are, in the opinion of the Village Engineer, difficult or impractical to drain to the detention facilities to be constructed for the rest of the property, the owner may apply for a variance of the requirements of this article. Such a variance may be granted for an area of land equal to up to 2% of the total property involved. In such cases, a variance may be granted without owner's proof of the avoidance of an unnecessary hardship and without specifically stating the public's interest in granting the variation.
Where detention, retention, or depressed stormwater storage areas are to be used as part of the drainage system for a property, they shall be constructed as the first element of the initial earthwork for the development. Any eroded sediment captured in these facilities shall be removed by the developer before project completion in order to maintain the design volume of the facilities.
Automobile parking lots and other land uses with significant portions of paved and roofed areas as determined by the Village Engineer shall be constructed with internal stormwater runoff drainage systems.
Sump pumps. Sump pumps installed to receive and discharge ground waters or stormwater runoff shall be connected to the storm sewer where possible or discharged into a designated stormwater runoff drainage facility. No discharge of stormwater runoff or ground water by a sump pump into a sanitary sewer shall be allowed. No discharge of sanitary sewage into a storm drain shall be allowed.
No sump pump, footing drain, or downspout shall discharge onto a street surface, paved curb and gutter system, or public sidewalk.
Downspouts. Downspouts and roof drains shall discharge onto the ground or be connected to a storm drain. No downspouts or roof drains shall be connected to a sanitary sewer.
Footing drains. Footing drains and drainage tile shall discharge into a storm sewer or other storm drainage facility. No footing drains or drainage tile shall be connected to a sanitary sewer.
Sump pump drains. Beginning on the effective date of this article, any newly constructed or installed structure equipped with a sump pump and located on property, any part of which is within 100 feet of a sump drain line or storm sewer outlet, shall be required to connect to tie-in to such line or outlet.
Two paper copies and one electronic (.pdf) copy of the detailed plans, specifications, and all calculations for the control of stormwater runoff, as required by this article, shall be submitted to the administrator and one copy shall be submitted to the Village Engineer for review when making application for the platting of any lands or for a building permit or for any mobile home park, independent travel trailer park, or recreational travel park permit or for any planned community development permit. The plans, specifications, and calculations shall be submitted to and approved by the Village Superintendent of Public Works and the Village Engineer prior to the subdivision of any lands or the construction of any paved or compacted area designated to be used for loading, open storage, or the parking or movement of vehicles. The application shall be accompanied by an application fee in such amount(s) as may be determined by the Board of Trustees, from time to time, by motion, resolution or ordinance. Those exceptions found in Section 14.04.050 are excluded. Information data, and descriptive material prepared by a licensed professional engineer shall be submitted to the administrator and Village Engineer for review which show the following:
The extent and area of each watershed tributary to the drainage channels in the development;
The street storm sewers and other storm drains to be built, the basis of their design, outfall and outlet locations and elevations, receiving stream or channel and its high water elevation, and the functioning of the drains during high water conditions;
The parts of the proposed street system where pavements are planned to be depressed sufficiently to convey or temporarily store overflow from storm sewers and over-the-curb runoff resulting from the heavier rainstorms and the outlets for such overflow. Where stormwater storage in street depressions is planned, curbs and gutters shall be provided and the maximum depth of water stored shall not exceed the height of the curb or six inches, whichever is less;
Existing streams and floodplains to be maintained, and new channels to be constructed, their locations, cross sections and profiles;
Proposed culverts and bridges to be built, their materials, elevations, waterway openings and basis of design;
Existing detention ponds and basins to be enlarged or otherwise altered and new ponds or basins to be built and the basis of their design;
The estimated location and percentage of impervious surfaces existing and expected to be constructed when the development is completed;
The slope, type, profile, typical cross section, and size of all sewers and other waterways;
A plan showing the dimensions of the site with existing and proposed structures properly located;
A topographic map of the site and such adjoining land whose topography may affect the drainage of the site, should the administrator so direct;
For all detention basins, a plot or tabulation of storage volumes with corresponding water surface elevations and of the basin outflow rates for those water surface elevations. If tabulations are provided, values of storage volume and overflow rate shall be listed for water surface elevation intervals of not exceeding 1.0 foot.
Editor's Note: so in original.
A plan for the responsibility for maintaining the stormwater storage areas shall be submitted to and approved by the Village Superintendent of Public Works and Village Engineer prior to final approval. Acceptable plans for the maintenance of stormwater storage areas may include agreements with units of local government or districts. Also acceptable would be agreements with individual property owners or property owners' associations, in which case the Village Superintendent of Public Works may require that the face of the plat make reference to the agreement and that a restrictive covenant running with the land be imposed on all affected property. If a property owners' association is to be established, the developer of the project or subdivision or the applicant shall be responsible for its establishment and for informing the individual property owners of their responsibilities. Acceptable methods of fixing the responsibility for maintaining stormwater storage areas are not limited to those described above.
The facilities for the control of stormwater runoff shall be constructed prior to the start of any construction or during the earliest possible stage of construction on the site of the project. All costs of construction, including the restoring, temporary seeding, and permanent erosion control measures, shall be borne by the contractor, applicant, or developer. The Village Superintendent of Public Works and Village Engineer shall approve the erosion control measures and the timing of their installation prior to their accomplishment.
The design and construction of a storm sewer, stormwater storage area and any excess stormwater passageway shall be under the supervision of an Illinois-registered professional engineer. He or she shall be responsible for all construction in accordance with the approved plans. The design engineer shall prepare and submit two paper sets plus one electronic (.pdf) copy of the record drawings to the Village Superintendent of Public Works and one paper set plus one electronic (.pdf) copy to the Village Engineer for their approval upon completion of the construction of any stormwater storage area, excess stormwater passageway, storm sewer, and/or stormwater drainage system. Said record drawings shall accurately record the lengths, grades, invert elevations and the configurations of the stormwater system as constructed.
All applications for building permits shall contain a statement that such buildings or structures and appurtenances connected therewith include facilities for the orderly runoff or detention of rain and melting snow, as required herein. Plans submitted with the application shall include a signed statement issued by an Illinois-registered professional engineer that the plans include facilities adequate to prevent harmful runoff, as required herein. For single-family dwellings to be located in a subdivision meeting the requirement of this article, the signed statement may, in lieu of the above procedure, be placed on the face of the final plat or the required subsidiary drainage plat for the entire subdivision.
A bond or other acceptable method of assurance in an amount sufficient to cover the estimated cost of all the construction required by this article as approved by the administrator shall be required prior to the start of any construction on the project. Proof of the assurance shall be given to the Village Superintendent of Public Works for his or her records.
In the event that stormwater runoff control can be provided exceeding the requirements of this article and the benefit of this additional control would accrue to the Village at large, the Village may participate in the increased cost of the control of stormwater runoff in proportion to the additional benefits derived therefrom.
It shall be the sole responsibility of the developer and owner to obtain any required permits from other governmental agencies for the construction of any stormwater drainage or detention facilities.
At the Village's option, the Village may require the owner to pay a proportionate share of the cost of correcting an existing adverse drainage condition or to share in the cost of construction of drainage facilities which exceed the normal site requirements for the development, when the Village finds that additional development in the drainage basin would create an immediate or potential effect upon the Village's existing drainage system and where the condition is correctable in a reasonable time span. The proportionate share of the cost of such facilities shall be mutually determined by the owner and the Village.
The owner shall pay the total cost of the installation of all stormwater drainage or retention facilities. When developments occur which are tributary to a drainage system which has been previously enlarged by the Village, the owner shall pay appropriate tap on charges to the Village, the cost of which shall be mutually agreed upon by the owner and the Village.
It is illegal and a violation of this article for any person, firm or corporation to allow or cause any cross connection between any storm sewer line within the Village with any sanitary sewer line within the Village, which violation shall be punishable in accordance with the general penalty provisions of the Village ordinances, be subject to injunctive relief, and, to the extent consistent with applicable law, be subject to the Village's immediate action to block or sever such illegal cross connection, if the public health is significantly jeopardized by such illegal connection.
Standards. In order to promote the best possible development and use of land, the administrator shall interpret the standards, provisions, and specifications contained in this article liberally and in favor of the public interest. Variations from these standards, provisions, and specifications may be granted when it is demonstrated to the satisfaction of the Village Board of Trustees that, owing to special conditions, a strict adherence to the provisions of this article will result in unnecessary hardship and that the spirit and intent of this article will be observed.
Procedure. A request for variation shall be filed by the owner seeking to develop or change the use of his or her property, or his or her agent with the Village Superintendent of Public Works who shall refer it, together with his or her recommendation, to the Village Board of Trustees for its decision. The request for variation shall be written and shall state specifically what variation is sought and the public's interest in granting the variation.
The Village Superintendent of Public Works shall be the official primarily responsible for the enforcement of this article. The Village Superintendent of Public Works may serve notice requiring removal of any structure or use in violation of this article on the owner or his or her authorized agent, a tenant, architect, builder, contractor, or other person who commits or participates in any violation. The Village Superintendent of Public Works may request the state's attorney to institute legal proceedings necessary to enforce this article or prevent or remedy any violations thereof; he or she may also request the assistance of the sheriff in enforcing this article.
The Village Superintendent of Public Works shall not issue any construction permits and shall issue a stop-work order on all previous permits issued, if full compliance with the IEPA Construction Site Storm Water NPDES permit has not been met.
Maintenance of stormwater drainage facilities located on private property shall be the responsibility of the owner of said property. Before a permit is obtained from the Village, the applicant shall ensure that covenants are placed upon the property, guaranteeing that the applicant and all future owners of the property will maintain its stormwater drainage system. The covenants shall specifically authorize representatives of the Village to enter onto the property, at all reasonable times, for the purpose of inspections and maintenance of the drainage system. The covenants shall also include a schedule for regular maintenance of each aspect of the property's stormwater drainage system and shall provide for access to the system for inspection by authorized personnel of the Village. In the event that an inspection by the Village reveals that the private stormwater drainage facilities are not properly maintained, the Village may require that proper maintenance be performed. The Village Superintendent of Public Works shall notify the property owner to make any necessary corrections within 30 consecutive calendar days of this notification. If the corrections are not made within this time period, the Village may have the necessary work completed and assess the cost to the property owner, in a manner approved by the Village Attorney.
The private property owner may, after approval by the Village Superintendent of Public Works assign the owner's maintenance responsibilities and duties under the terms of the covenants to a third party, such as a property owners' association, or other competent agency. When such an assignment is made, the entity undertaking the maintenance responsibility shall show evidence of long-term financial capability to provide the degree maintenance required, as determined by the Village Superintendent of Public Works.
Any party shall have the right to appeal decisions of the Village Superintendent of Public Works to the Village Board of Trustees. A request for an appeal shall be filed by the owner with the Village Superintendent of Public Works who shall refer it, together with his or her recommendation to the Board for its decision. The request for an appeal shall be written and shall state specifically what action is sought and the public's interest in granting the appeal.
The drainage design standards required by this article are considered reasonable for regulatory purposes and are based upon engineering and scientific methods of study. Larger rainfalls may occur on rare occasions, and greater runoff rates or decreased hydraulic capacities of the structures may occur due to uncontrollable circumstances. This article does not imply that an area within or outside of the sites to which the standards of this article have been applied will be totally free from potential flooding or runoff damages. This article shall not create liability on the part of the Village or any officer or employee or agent thereof for any damages that result from reliance on this article or any administrative decision lawfully made thereunder.
When this article imposes a greater restriction than those imposed or required by the provisions of existing ordinances or rules and regulations, this article shall control. When the provisions of existing ordinances or rules and regulations impose greater restrictions than those imposed or required by this article, they shall control.