NEW ITEMS
Meeting of the
County Board Room,
* * * * * * * * * * * * * * * * * * * *
* * * * * * * *
TERMINATION OF CONTRACTS
ITEM #1
Transmitting
a Communication, dated
RAYMOND
C. ROBIN, Purchasing Agent
Re: Contract
Nos.
02-15-791H 01-73-930
03-15-149H 03-73-264
03-15-165H 04-72-113
03-15-266H 03-15-505H
03-15-508H 03-15-526H1
03-15-897H1 03-72-231
Ravenswood
Medical Resources Corporation has contracted with the County with respect to
the contracts listed above. Ravenswood
Medical Resources Corporation recently ceased doing business and is presently
selling its assets. On
I
hereby request that the above contracts be terminated by the County. Further, in order to ensure that the Bureau
of Health Services receives essential medical supplies without interruption,
the following arrangements are recommended to fulfill the requirements which
were procured through these contracts.
First,
with regard to a number of the contracts, relatively small procurements under
($25,000) remain to be made. With
respect to these contracts, I recommend that the contracted items be purchased
through the open market quotation process set forth in Section 10-18 of the
Purchasing Ordinance until such time as new bids can be solicited.
Second,
Contract Nos. 01-73-930 (reagents and consumable supplies for vendor provided
chemistry analyzers); 03-72-231 (customized vascular garments); 03-73-258
(occupational therapy supplies); 04-72-113 (posterior and anterior intraocular
lenses); and 03-72-748 (radiopharmaceuticals) meet significant ongoing needs of
the Bureau of Health Services and your consideration of alternative
arrangements is required in order to meet these needs.
With
respect to Contract No. 01-73-930, the Bureau of Health Services is requesting
that the remaining period covered by this contract be entered into directly
with the manufacturer, Olympus America, Inc., in order to permit the Bureau of
Health Services to continue to receive supplies for, and to continue utilizing,
the Olympus chemical analyzers which were supplied under the Ravenswood Medical
Resources Corporation contract and which are heavily relied upon at Stroger
Hospital of Cook County. This request is
set forth in related New Item #2.
With
respect to Contract Nos. 03-72-231, 03-73-258, 04-72-113 and 03-72-748, the
Bureau of Health Services is requesting that the Board authorize the award of
contracts to the next lowest bidders meeting specifications. Each of these bidders has indicated its
willingness to stand by their original bid prices with respect to a contract
award for a full contract term. These
requests are set forth in related New Item #3.
_________________________
Commissioner Daley, seconded by Commissioner Peraica,
moved to suspend the rules so that this matter may be considered. The motion carried unanimously.
Commissioner Daley, seconded by Commissioner Moreno,
moved that the request of the Purchasing Agent be approved. The motion carried unanimously.
TERMINATION
OF CONTRACTS AND
REQUEST
TO ENTER INTO NEW CONTRACTS
ITEM #2
Transmitting
a Communication, dated
RUTH
M. ROTHSTEIN, Chief, Bureau of Health Services
Re: Contract
Nos. 03-72-231, 03-73-258, 04-72-113 and
03-72-748
We
are requesting authorization from the Cook County Board of Commissioners for
the Purchasing Agent to terminate Contract Nos. 03-72-231 (customized vascular
garments); 03-73-258 (occupational therapy supplies); 04-72-113 (posterior and
anterior intraocular lenses); and 03-72-748 (radiopharmaceuticals) with
Ravenswood Medical Resources Corporation, Chicago, Illinois.
Ravenswood
Medical Resources Corporation has ceased doing business. In order to prevent an interruption in the
procurement of essential medical supplies and, in the best interests of the
County, I am requesting that the Purchasing Agent be authorized to enter into
contracts with the below mentioned vendors.
This will enable Stroger Hospital of Cook County to continue to receive,
without interruption, the specific supplies which are required in order to
continue providing patient care.
Therefore, I respectfully request that these contracts be awarded to the
next lowest bidders meeting specifications, as follows:
|
Contract No. |
Item |
Recommended Vendor |
Contract Period |
Contracted Amount |
|
|
|
|
|
|
|
03-72-231 |
Customized Vascular
Garments (897-362 Account) |
Advanced Management
Services Midwest, Inc., |
03/23/04 –03/22/06 |
$ 181,991.00 |
|
03-73-258 |
Occupational Therapy
Supplies (897-362 Account) |
Advanced Management
Services Midwest, Inc., |
03/23/04 –03/22/06 |
$ 106,021.56 |
|
04-72-113 |
Posterior and Anterior
Intraocular Lenses (897-362 Account) |
Northwestern
Pharmaceuticals, Inc., |
03/23/04 –03/22/06 |
$ 79,925.00 |
|
03-72-748 |
Radiopharmaceuticals (891-362 and 897-362
Accounts) |
Bioelectronic Engineering
and Medical Supplies (B.E.A.M.S.), |
03/23/04 –03/22/05 |
$1,272,074.00 |
_________________________
Commissioner Daley, seconded by Commissioner Peraica,
moved to suspend the rules so that this matter may be considered. The motion carried unanimously.
Commissioner Daley, seconded by Commissioner Moreno,
moved that the request of the Chief of the Bureau of Health Services be
approved. The motion carried
unanimously.
TERMINATION
OF A CONTRACT AND
REQUEST
TO ENTER INTO A NEW CONTRACT
ITEM #3
Transmitting
a Communication, dated
RUTH
M. ROTHSTEIN, Chief, Bureau of Health Services
Re: Contract No. 01-73-930
On
TERMINATION
OF A CONTRACT AND
REQUEST
TO ENTER INTO A NEW CONTRACT continued
ITEM #3 cont’d
I am recommending that Contract No. 01-73-930 with
Ravenswood Medical Resources Corporation,
Olympus America, Inc., will hold the price firm until
the expiration of the existing contract, resulting in a contract for seven (7)
months and not thirty-six (36) months as specified in the original contract
documents.
In addition, we are requesting to decrease by
$350,000.00, Contract No. 02-73-202 with Abbott Laboratories, Inc., Diagnostic
Division,
Estimated
Fiscal Impact: None. Contract period:
_________________________
Commissioner Daley, seconded by Commissioner Peraica,
moved to suspend the rules so that this matter may be considered. The motion carried unanimously.
Commissioner Daley, seconded by Commissioner Moreno,
moved that the request of the Chief of the Bureau of Health Services be
approved. The motion carried
unanimously.
PROPOSED RESOLUTIONS
ITEM #4
Submitting
a Proposed Resolution sponsored by
JOAN
PATRICIA MURPHY,
Co-Sponsored
by
JERRY BUTLER, ELIZABETH ANN DOODY GORMAN, ANTHONY J.
PERAICA,
DEBORAH SIMS, PRESIDENT JOHN H. STROGER, JR.,
FORREST CLAYPOOL,
EARLEAN COLLINS, JOHN P. DALEY, GREGG GOSLIN, CARL
R. HANSEN,
ROBERTO MALDONADO, JOSEPH MARIO
BOBBIE L. STEELE and LARRY SUFFREDIN,
PROPOSED RESOLUTION
A RESOLUTION CALLING ON GOVERNOR
BLAGOJEVICH AND
THE ILLINOIS GENERAL ASSEMBLY TO RESTORE
FULL FUNDING IN
THE 2005 FISCAL YEAR BUDGET FOR THE
WHEREAS, the Illinois Bureau of Tourism (IBOT) manages
industry efforts that result in sustainable and significant quality-of-life
benefits for all
WHEREAS, the tourism industry in
WHEREAS, the $1.1 billion in state tax revenues generated by
tourism amounts to 4.4% of the General Revenue Fund operating budget which
contributes to education, health care, public safety, and other essential
services; and
WHEREAS, recognizing the importance of creating a continual
funding source for tourism promotion for Illinois, in 1984, the Illinois
General Assembly and the Governor signed legislation that raised the dedicated
tax on hotels to 6% with the express understanding of the tourism industry that
the intended use of the tax increase was for the purpose of tourism promotion;
and
PROPOSED RESOLUTIONS continued
ITEM #4 cont’d
WHEREAS, tourism is the only base industry common throughout
the State of
WHEREAS, the Illinois Bureau of Tourism provides unified,
unbiased leadership for the industry with the sole mission of creating economic
impact through consistent, research-based and targeted marketing to enhance
Illinois’ image as a world-class travel destination; and
WHEREAS, Governor Blagojevich’s proposed 2005 Budget
eliminates 50% of funding for the Illinois Bureau of Tourism; and
WHEREAS, a cut in marketing dollars will not only cause hotel
and motel tax revenues to be lost to the state but also will negatively affect
the hotel, restaurant, attraction and supplier sectors which will result in
lost jobs; and
WHEREAS, this reduction in state tourism funding will have a
devastating effect on
WHEREAS, continuation of full base funding for the Illinois Bureau
of Tourism is critical to the residents of Cook County and Illinois, because
the agency’s tourism promotion activities generate irreplaceable revenues for
education, health care, public safety, police and fire protection and other
essential services.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Commissioners of Cook County does
hereby call on Governor Blagojevich and
the Illinois General Assembly to restore full funding to the Illinois
Bureau of Tourism in the Fiscal Year 2005 Budget; and
BE IT FURTHER RESOLVED, that a suitable copy of this Resolution be tendered to
Governor Blagojevich, Senate President Emil Jones, Speaker of the House Michael
J. Madigan and the members of the Illinois General Assembly representing Cook
County and also be spread upon the official proceedings of this Honorable Body.
_________________________
Commissioner Daley, seconded by Commissioner Peraica,
moved to suspend the rules so that this matter may be considered. The motion carried unanimously.
Commissioner Murphy, seconded by Commissioner Peraica,
moved that the Resolution be approved and adopted. The motion carried unanimously.
*
* * * *
ITEM #5
Submitting
a Proposed Resolution sponsored by
LARRY
SUFFREDIN,
Co-Sponsored
by
JOHN H. STROGER, JR., PRESIDENT, JERRY BUTLER,
FORREST CLAYPOOL,
EARLEAN COLLINS, JOHN P. DALEY, ELIZABETH ANN DOODY
GORMAN,
GREGG GOSLIN, CARL R. HANSEN, ROBERTO MALDONADO,
JOSEPH MARIO
JOAN PATRICIA MURPHY, ANTHONY J. PERAICA, MIKE
QUIGLEY, PETER N. SILVESTRI,
DEBORAH SIMS and BOBBIE L. STEELE,
PROPOSED RESOLUTION
WHEREAS, the Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW) was adopted by the United Nations General
Assembly on December 18, 1979 and became an international treaty as of
September 3, 1981, and by 2003, well over three-fourths of the world, 174
nations, have agreed to be bound by CEDAW’s provisions; and
PROPOSED RESOLUTIONS continued
ITEM #5 cont’d
WHEREAS, the
WHEREAS, as evidenced by the Cook County Board of
Commissioners adoption of a similar Resolution on February 15, 2000, the spirit
of CEDAW is rooted in the goals of Cook County, the United States and the
United Nations to affirm faith in fundamental human rights, in the dignity and
worth of the human person, and in the equal rights of men and women everywhere;
and
WHEREAS, CEDAW provides a comprehensive framework for
challenging the various forces that have created and sustained discrimination
based on sex against half the world’s population; the nations in support of
CEDAW have agreed to follow CEDAW’s prescriptions; and
WHEREAS, although women have made major gains in the struggle
for equality in all fields, much more needs to be accomplished to fully
eradicate discrimination based on sex and to achieve one of the most basic
human rights, equality; and
WHEREAS, President George W. Bush and the Secretary of State
have placed CEDAW in Category III of priority in order to accelerate the
Treaty’s passage through the U.S. Senate Foreign Relations Committee and the
full U.S. Senate with the goal of the United States ratification; and
WHEREAS, county government has an appropriate and legitimate
role in affirming the importance of international law in communities as
universal norms and to serve as guides for public policy; and
WHEREAS,
NOW, THEREFORE, BE IT RESOLVED, by the Cook County Board of Commissioners, that the
County of Cook urges the Senate Foreign Relations Committee to again pass CEDAW
favorably out of Committee, and send it to the Senate floor; and
BE IT FURTHER RESOLVED, that the County of Cook urges the United States
Senate to vote favorably to ratify CEDAW so that its provisions will define the
goal and the standard of conduct for all in promoting equality for women in all
aspects of their lives; and
BE IT FURTHER RESOLVED, that suitable copies of this Resolution, along with a
letter documenting the County of Cook’s ongoing compliance with the principles
of CEDAW, be delivered to the President of the United States, the Secretary of
State of the United States, the President of the United States Senate, the
Chair and the members of the Senate Foreign Relations Committee; and
BE IT FURTHER RESOLVED, that this Resolution shall take effect on the date of
its passage and approval.
_________________________
Commissioner Daley, seconded by Commissioner Peraica,
moved to suspend the rules so that this matter may be considered. The motion carried unanimously.
Commissioner Suffredin, seconded by Commissioner
Daley, moved that the Resolution be approved and adopted. The motion carried unanimously.
PROPOSED ORDINANCE
ITEM #6
Submitting a Proposed
Ordinance sponsored by
LARRY SUFFREDIN,
PROPOSED ORDINANCE
BE IT ORDAINED THAT:
PROPOSED ORDINANCE continued
ITEM #6 cont’d
TABLE OF CONTENTS
ARTICLE 1. AUTHORITY AND PURPOSE
Sec.
15-1. Statutory Authority
Sec.
15-2. Cook County Council’s of
Government Stormwater Management
Sec.
15-3. Findings
Sec.
15-4. Purposes of this Ordinance
Sec.
15-5. Reference to Watershed Plans
Sec.
15-6. through 15-15. Reserved
ARTICLE 2. DEFINITIONS
Sec.
15-16. Interpretation of Terms and
Words
Sec.
15-17. Definitions
Sec.
15-18. through 15-30. Reserved
ARTICLE 3. WAIVER COMMUNITY ENFORCEMENT
Sec.
15-31. Authority
Sec.
15-32. Notice of Intent to Petition
for Waiver
Sec.
15-33. Filing and Contents of
Petition
Sec.
15-34. Waiver Community Records
Sec.
15-35. Committee Review of Waiver
Community Programs
Sec.
15-36. through 15-45. Reserved
ARTICLE 4. COMMITTEE PROCEDURES FOR WAIVER OF ENFORCEMENT
Sec.
15-46. Committee Consideration of
Petition
Sec.
15-47. Standards for Grant of
Petition
Sec.
15-48. Decision; Findings and
Decision in Writing
Sec.
15-49. Final Action Required By
Committee
Sec.
15-SQ. through 15- Reserved
ARTICLE 5. COMMITTEE ENFORCEMENT WITHIN WAIVER COMMUNITIES
Sec.
15-56. Authority for Committee
Action
Sec.
15-57. Complaints
Sec.
15-58. Complaint Investigation and
Review
Sec.
15-59. Formal Complaint of Committee
Sec.
15-60. Answer and Time for Filing
Sec.
15-61. Public Hearing
Sec.
15-62. Committee Decision
Sec.
15-63. Committee Determinations
Sec.
15-64. through 15-70. Reserved
ARTICLE 6. DUAL
Sec.
15-71. Choice of Planning
Jurisdiction
Sec.
15-72. through
15-77. Reserved
ARTICLE 7. GENERAL PROVISIONS
See.
15-78. Scope of Regulation
Sec.
15-79. Official Lists of Exempt
Deve1opm
Sec.
15-80. Interpretation
Sec.
15-81. Warning and Disclaimer of
Liability
Sec.
15-82. through 15-90. Reserved
ARTICLE 8. ADMINISTRATION
Sec.
15-91. Responsibility for
Administration
Sec.
15-92. Duties of Director
Sec.
15-93. Duties of Administrator in
Waiver Community
Sec.
15-94. Representative* Capacity
Sec.
15-95.
Sec.
15-96. Oversight Committee
Sec.
15-97. through 15-110. Reserved
PROPOSED ORDINANCE continued
ITEM #6 cont’d
ARTICLE 9. REQUIREMENTS FOR STORMWATER AND FLOOD
Sec.
15-111. General Information
Sec.
15-112. General Stormwater and Flood
Plain Requirements
Sec.
15-113. Site Runoff Requirements
Sec.
15-114. Site Runoff Storage
Requirements (Detention)
Sec.
15-115. Detention Variance Fee
Program
Sec.
15-116. Sediment and Erosion Control
Requirements
Sec.
15-117. Reserved for Special
Requirements in the Salt Creek Watershed
Sec.
15-118. Reserved for Special
Requirements in the
Sec.
15-119. Reserved for Special Requirements
in the
Sec.
15-120. Reserved for Special
Requirements in the Sawmill Creek Watershed
Sec.
15-121. Reserved for Special
Requirements in the
Sec.
15-122. Reserved for Special
Requirements in the
Sec.
15-123. through 15-130. Reserved
ARTICLE 10. SPECIAL MANAGEMENT AREAS
Sec.
15-131. Special Management Areas
Sec.
15-132. Requirements for Regulatory
Flood Plain and Regulatory Floodway Determination
Sec.
15-133. Requirements for Development
within the Regulatory Flood Plain
Sec.
15-134. Requirements for Wetland
Delineation
Sec.
15-135. Requirements for Development
Affecting the Function and Values of Wetlands.
Sec.
15-136. Wetland Banking
Sec.
15-137. Riparian Environments
Requirements
Sec.
15-138. through Sec. 15-145. Reserved
ARTICLE 11. STORMWATER MANAGEMENT PERMITS
Sec.
15-146. General Requirements
Sec.
15-147. Applicability; Required
Submittals
Sec.
15-148. Stormwater Management Permit
Application
Sec.
15-149. Stormwater Submittal
Sec.
15-150. Flood Plain Submittal
Sec.
15-151. Wetland Submittal
Sec.
15-152. Riparian Environment
Submittal
Sec.
15-153. Permit Fee
Sec.
15-154. Duration and Revision to Permits
Sec.
15-155. through 15-165. Reserved
ARTICLE 12. PROHIBITED ACTS
Sec.
15-166. Prohibited Acts
Sec.
15-167. Prosecution of Violations
Sec.
15-168. through 15-175. Reserved
ARTICLE 13. PERFORMANCE SECURITY
Sec.
15-176. General Security Requirements
Sec.
15-177. Development Security
Sec.
15-178. Sediment and Erosion Control
Security
Sec.
15-179. Letters of Credit
Sec.
15-180. Long-Term Maintenance
Sec.
15-181. through 15-195. Reserved
ARTICLE 14. ENFORCEMENT AND PENALTIES
Sec.
15-196. Inspection and Maintenance
Authority
Sec.
15-197. Required Inspections
Sec.
15-198. Notice of Violations
Sec.
15-199. Revocation of Permits
Sec.
15-200. Stop-Work Order
Sec.
15-201. Fines
Sec.
15-202. Additional Remedies for
Special Flood Hazard Areas
Sec.
15-203. Legal and Equitable Relief
Sec.
15-204. Injunctive Relief
Sec.
15-205. through 15-225. Reserved
PROPOSED ORDINANCE continued
ITEM #6 cont’d
ARTICLE 15. APPEALS.
Sec.
15-226. Right to Appeal
Sec.
15-227. through 15-235. Reserved
ARTICLE 16. VARIANCES
Sec.
15-236. Authority; Applications;
Standards
Sec.
15-237. Public Hearing Required
Sec.
15-238. Review and Recommendation
Sec.
15-239. Decision
Sec.
15-240. Conditions
Sec.
15-241. through 15-255. Reserved
ARTICLE 17. MISCELLANEOUS PROVISIONS
See.
15-256. Public Hearings
Sec.
15-257. Severability
Sec.
15-258. Most Restrictive Provisions
Apply
Sec.
15-259. Amendments
Sec.
15-260. Effective Date
Sec.
15-261. through 15-265. Reserved.
ARTICLE 1. AUTHORITY AND PURPOSE.
Sec. 15-1. Statutory Authority.
1.
This Ordinance shall be known, and may be cited, as the Cook County Council’s
of Government Countywide Stormwater and Flood Plain Ordinance.
2.
The Cook County Board promulgates this Ordinance pursuant to their authority to
adopt ordinances regulating flood plain management and governing the location,
width, course, and release rate of all stormwater runoff channels, streams, and
basins in
3.
As applicable, the municipalities within Cook County promulgate and enforce
this and other relevant Stormwater Management Ordinances pursuant to 65 ILCS
5/1-2-1, 5/ 12-12, 11-30-2, 11-30-8, and 5/11-31-2 (1992).
Sec. 15-2.
The
Plan was recommended by the Cook County Stormwater Management Committee and adopted by the Cook County Board,
after review by the appropriate agencies and public hearing, as Ordinance
No._____. The Plan is available for
public inspection in the office of the Cook County Clerk.
Sec. 15-3. Findings.
The
Cook County Board hereby finds that:
1.
Inappropriate use of the flood plain and development have increased flood risk,
flood damage, and environmental degradation; and
2.
It is necessary to consider stormwater management on a watershed basis; and
3.
4.
The costs of increasing channel capacity are prohibitive and
5.
Many land development practices upset the natural hydrologic balance of
6.
Most flood damage occurs to structures developed adjacent to streams in the
flood plain or floodway; and
7. Wetlands represent a significant portion of the
natural watershed storage in Cook County, and wetlands play an essential role
in flood storage, conveyance, sediment control, and water quality enhancement;
and
PROPOSED ORDINANCE continued
ITEM #6 cont’d
8.
Many stormwater management facilities are not adequately maintained; and
9.
The authority for control of stormwater facilities is widely distributed to
many entities in
10.
There are many strong local stormwater management programs; and
11.
Inconsistent enforcement of stormwater regulations contributes to the extent
and severity of flood damage.
Sec. 15-4. Purposes of this Ordinance.
1.
The principal purpose of this Ordinance is to promote effective, equitable,
acceptable, and legal stormwater management measures. Other purposes of this Ordinance include:
a.
Managing and mitigating the effects of urbanization on stormwater drainage
throughout
b.
Reducing the existing potential for stormwater damage to public health, safety,
life, and property; and
c.
Protecting human life and health from the hazards of flooding and degradation
of water quality; and
d.
Protecting and enhancing the quality, quantity, and availability of surface and
groundwater resources; and
e.
Preserving and enhancing existing wetlands and aquatic and riparian
environments, and encouraging restoration of degraded areas; and
f.
Controlling sediment and erosion in and from stormwater facilities, developments,
and construction sites; and
g.
Preventing the further degradation of the quality of ground and surface waters;
and
h.
Requiring appropriate and adequate provision for site runoff control,
especially when the land is developed for human activity; and
i.
Requiring the design and evaluation of each site runoff control plan consistent
with watershed capacities; and
j.
Encouraging the use of stormwater storage in preference to stormwater
conveyance; and
k
Lessening the taxpayers’ burden for flood-related disasters, repairs to flood-
damaged public facilities and utilities, and flood rescue and relief
operations; and
l.
Meeting the Illinois Department of Transportation, Division of Water Resources’
floodway permitting requirements delineated in 615 ILCS 5/18g (1992) (An Act in
Relation to the Regulation of the Rivers, Lakes and Streams of the State of
Illinois”), as amended from time to time; and
m.
Making federally subsidized flood insurance available to individual communities
and for property throughout the County by fulfilling the requirements of the
National Flood Insurance Program; and
n.
Complying with the rules and regulations of the National Flood Insurance
Program codified in Title 44 of the Code of Federal Regulations; and
o.
Encouraging cooperation between the County, communities, and other governmental
entities with respect to flood plain and stormwater management; and
p.
Requiring cooperation and consistency in stormwater management activities
within and between the units of government having stormwater management
jurisdiction; and
q.
Restricting future development in the flood plain to facilities that will not
adversely affect the flood plain environments or adversely affect the potential
for flood damage; and
r.
Incorporating water quality and habitat protection measures in alt stormwater
management activities within
s.
Requiring regular, planned maintenance of stormwater management facilities; and
t.
Encouraging control of stormwater quantity and quality at the most
site-specific or local level; and
u.
Allowing the use of simple technologies whenever appropriate and realistic, but
requiring the use of more sophisticated techniques when necessary to ensure the
adequacy of stormwater controls; and
v.
Providing a procedure by which communities throughout the County may petition
the Cook County Stormwater Management Commission to implement and enforce the
provisions of this Ordinance or an ordinance consistent with, and at least as
stringent as, this Ordinance; and
w.
Requiring strict compliance with and enforcement of this Ordinance.
2.
The purposes of this Ordinance are consistent with the Plan.
3.
The purposes of this Ordinance will be implemented by its provisions.
PROPOSED ORDINANCE continued
ITEM #6 cont’d
Sec. 15-5. Reference to Watershed Plans.
1.
This Ordinance recognizes the integrated nature of the watershed system and the
need to study certain flood control alternatives and other stormwater
management functions on a watershed-wide basis.
2.
The following six major watershed divisions are identified for detailed
watershed studies:
a.
b.
c.
Little Calument-Galien Watershed; and
d.
Lower Fox Watershed; and
e.
Pike Root Watershed; and
f.
Upper Fox Watershed
3.
Watershed Plans or Interim Watershed Plans shall be prepared and periodically
updated for these six major watersheds, to identify management projects and
establish criteria for development.
4.
Adopted Watershed Plans or Interim Watershed Plans which contain more specific
criteria than the criteria established for County-wide application in this
Ordinance shall govern over County-wide criteria. Such watershed plans, upon
their completion, approval, and proper adoption, are hereby incorporated into
this Ordinance without further act of the Cook County Board.
5.
Watershed-specific criteria established in such Watershed Plans or Interim
Watershed Plans shall be set forth as Sections 15-117 through 15-122 of this
Ordinance.
6.
The County-wide requirements of this Ordinance shall apply in all watersheds
unless superseded by more specific watershed criteria.
ARTICLE 2. DEFINITIONS.
Sec. 15-16. Interpretation of Terms and Words.
The
terms and words used in this Ordinance or in a waiver community ordinance shall
be interpreted as follows:
1.
Words used in the present tense include the future tense; and
2.
Words used in the singular number include the plural number and words used in
the plural number include the singular number; and
3.
The words “shall”, “will” and “must” are mandatory, not permissive; and
4.
All distances, unless otherwise stated, shall be measured horizontally.
5.
The phrases “Director or the Administrator, “Director, or the Administrator in
a waiver community, or Director, or Administrator in a complete waiver
community”, refer to the individual responsible for the enforcement in the
specific area.
Sec. 15-17. Definitions.
Within
the context of this Ordinance or a waiver community ordinance, the following
words and terms shall have the meanings set forth except where otherwise
specifically indicated. Words and terms not defined shall have the meanings
indicated by common dictionary definition.
ADID wetland. A
wetland identified by the U.S. Army Corps of Engineers, the U.S. Environmental
Protection Agency, or the Committee as an Advanced Identification (ADID)
wetland.
Administrator. The person administering the implementation and
enforcement of this Ordinance; or, the person administering the implementation
and enforcement of a community ordinance in a waiver community.
Applicable Engineering Practice. Procedures, methods, or materials recommended in
standard engineering textbooks or references as suitable for the intended
purpose.
PROPOSED ORDINANCE continued
ITEM #6 cont’d
Applicant. A person applying for a Stormwater Management Permit,
which person must be either the owner or the developer of the land specified in
the application.
Appropriate Use. The only uses of the regulatory floodway that may be
considered for a stormwater permit. See Section 15-133 of this Ordinance.
Base Flood. The flood having a one percent probability of being
equaled or exceeded in a given year.
Base flood Elevation. The height of the base flood in relation to the
National Geodetic Vertical Datum of 1929.
Best Management Practices. Design, construction, and maintenance practices and
criteria for stormwater facilities that minimize the impact of stormwater
runoff rates and volume, prevent erosion, and capture pollutants.
Bog. A low nutrient peatland, usually in a glacial depression, that is
acidic in the surface stratum and often dominated at least in part by the genus
Sphagnum.
Building. A structure that is constructed or erected partially
or wholly above ground and is enclosed by walls and a roof The term “building’
includes manufactured homes and includes both the above-ground and the
below-ground portions of the structure.
Certify/Certification. A statement that a proposed development meets the
requirements of this Ordinance.
Committee. The Cook County Stormwater Management Commission of
the Cook County Board, authorized by Public Act 85-905.
Community. Any municipality, or the unincorporated County,
within
Compensatory Storage. An excavated hydrologically and hydraulically
equivalent volume of storage created to offset the loss of existing flood
storage.
CLOMA. A Conditional Letter of Map Amendment. A FEMA comment letter on a
development proposed to be located in, and affecting only that portion of, the
area of flood plain outside the regulatory floodway and having no impact on the
existing regulatory floodway or base flood elevations.
CLOMR. A Conditional Letter of Map Revision. A letter that indicates that
FEMA will revise base flood elevations, flood insurance rate zones, flood
boundaries, or floodways as shown on an effective FIRM or FE FM, after the
record drawings are submitted and approved.
COE. The
Complete Waiver. The authority granted to a community pursuant to
Articles 3, 4, and 5 of this Ordinance whereby a community acquires complete
jurisdiction over reviewing applications for and granting Stormwater Management
Permits.
County. The
Critical Wetlands. Wetlands of the highest value by virtue of one or
more high ranking characteristics that result in a uniquely valuable
environment. See Sections 15-134 and 15-135 of this Ordinance.
Dam. Any obstruction, wall embankment, or bather, together with any
abutments and appurtenant works, constructed to store or direct water or to
create a pool (not including underground water storage tanks).
Department. The
Developer. Any person who undertakes development or permits
development on such person’s behalf.
PROPOSED ORDINANCE continued
ITEM #6 cont’d
Development. Any activity, excavation or fill, alteration,
subdivision, change in land use, or practice, undertaken by private or public
entities that affects the discharge of stormwater, or substantial improvement
to any portion of a building in the flood plain. The term “development” does
not include maintenance of stormwater facilities.
Director. The Director of the Cook County Stormwater Management
Commission or his or her designee. The Director of the Department of
Environmental Concerns shall be a professional engineer.
Elevation Certificates. A form published by FEMA, or its equivalent, that is
used to certify the base flood elevation and the lowest elevation of usable
space to which a building has been constructed.
Environmental Scientist. A person with a four-year degree in a life science
curriculum in which the emphasis was on ecologic systems. Examples of such
curricula are ecology, botany, or biology.
Ephemeral pool. A seasonally inundated depression within a forested
wetland or upland community, usually located on a moraine, glacial outwash
plain, or in an area shallow to bedrock; also known as a ‘vernal pool.’ These areas may not be permanently
vegetated.”
FEMA. The Federal Emergency Management Agency.
Fen. A peatland, herbaceous (including calcareous floating mats) or wooded,
with calcareous groundwater flow.”
FBFM. A Flood Boundary and Floodway Map. A flood plain management map issued
by FEMA that depicts, based on detailed analysis, the boundaries of the base
flood, the two tenth percent (0.2%) probability flood, and the floodway.
FHBM. A Hood Hazard Boundary Map. An official map of a community, issued by
FEMA, on which the boundaries of the flood, mudslide or mudflow, or related
erosion areas having special hazards have been designated as Zones A, M, and/or
B.
FIRM. A Flood Insurance Rate Map. A map issued by FEMA that is an official
community map, on which map FEMA has delineated both the special hazard areas
and the risk premium zones applicable to the community. This map mayor may not
depict floodways.
Flood or Flooding. A general and temporary condition of partial or
complete inundation of normally dry land areas from the unusual and rapid
accumulation or runoff of surface waters from any source.
Flood Plain. The area typically adjacent to and including a body
of water where ground surface elevations are at or below a specified flood
elevation.
Flood proof. Additions, changes, or adjustments to structures or
property that prevent the entry of flood water in order to protect property
from flood damage.
Floodproofing Certificate. A form published by FEMA that is used to certify
that a structure is flood proofed to one foot above the base flood elevation.
Floodway. The channel and that portion of the flood plain
adjacent to a stream or watercourse that is needed to convey the base flood.
Floodway Conveyance. The measure of the flow carrying capacity of the
floodway section and is defined using Manning’s equation as, K = 1.49 AR2/3
where ‘n’ is Manning’s roughness factor,
n
“A”
is the effective area of the cross-section, and “It” is ratio of the wetted
area to the wetted perimeter.
Forested Wetland. A wetland dominated by native woody vegetation by at
least one of the following species or genera: Carya spp., Cephalanthus
occidentalis, Cornus alternifolia, Fraxinus nigra, Juglans cinerea, or Quercus
spp.
PROPOSED ORDINANCE continued
ITEM #6 cont’d
Hydrology. The science of the behavior of water, including its
dynamics, composition, and distribution in the atmosphere, on the surface of
the earth, and underground.
Interim Watershed Plan. A watershed plan adopted by the
Land Surveyor. A person licensed under the laws of the State of
LOMA. A Letter of Map Amendment. The official determination by FEMA that a
specific structure is not in a regulatory flood plain. A LOMA amends the
effective FHBM, FBFM, or FIRM.
LOMR. A Letter of Map Revision. A letter from FEMA that revises base flood
elevations, flood insurance rate zones, flood boundaries, or floodway as shown
on an effective FHBM, FBFM, or FIRM.
Maintenance. The selective removal of woody material and
accumulated debris from, or repairs to, a stormwater facility so that such
facility will perform its natural functions or the functions for which it was
designed and constructed.
Major Stormwater System. The portion of a stormwater facility needed to store
and convey flows beyond the capacity of the minor stormwater system.
Manufactured Home. A building, transportable in one or more sections,
that is built on a permanent chassis and is designated for use with or without
a permanent foundation when connected to the required utilities. The term
manufactured home’ also includes park trailers, travel trailers, and other
similar vehicles placed on a site for more than 180 consecutive days.
Minor Stormwater System. That portion of a stormwater facility consisting of
street gutters, storm sewers, small open channels, swales, and similar
facilities designed to convey runoff from the 10-year flood event or less.
NFIP. The National Flood Insurance Program. The requirements of the NPIP
are codified in Title 44 of the Code of Federal Regulations.
Oversight Committee. A committee appointed by a waiver community to
oversee the implementation and enforcement of the waiver community’s ordinance.
OWR. The Illinois Department of Natural Resources, Office of Water
Resources.
Panne. A wet interdunal flat located near
Parcel. Contiguous land under single ownership or control.
Partial Waiver. Authority granted to a community pursuant to
Articles 3, 4, and 5 of this Ordinance whereby the waiver community acquires
limited jurisdiction over reviewing applications for, and issuing, Stormwater
Management Permits.
Person. Any individual, partnership, firm, school district, company,
corporation, association, joint stock company, trust, estate, unit of local
government, special taxing district, public utility, political subdivision,
state agency, or any other legal entity, or owner, or any legal representative,
agent, or assign thereof.
Plan. The Cook County Stormwater Management Plan, adopted by the Cook
County Board in Month date, as amended from time to time.
Professional Engineer. A person licensed under the laws of the State of
PROPOSED ORDINANCE continued
ITEM #6 cont’d
Professional Engineering. The application of science to the design of
engineering systems and facilities, using the knowledge, skills, ability, and
professional judgment developed through professional engineering education,
training, and experience.
Professional Engineering Practice. The consultation on, conception, investigation,
evaluation, planning, and design of, and selection of materials and methods to
be used in, administration of construction contracts for or site observation of
an engineering system or facility, when such consultation, conception,
investigation, evaluation, planning, design, selection, administration, or
observation requires extensive knowledge of engineering laws, formulae,
materials, practice, and construction methods.
Public Flood Easement. An easement acceptable to the appropriate
jurisdictional body that meets the regulation of the OWR, the Department, and
the community, that provides legal assurances that all areas subject to
flooding in the created backwater of the development will remain open to allow
flooding.
Record Drawings. Drawings prepared, signed, and sealed by a professional
engineer or land surveyor representing the final ‘as-built’ record of the
actual in-place elevations, location of structures, and topography.
Regulatory Flood Plain. The flood plain as determined by the base flood
elevation used as the basis for regulation in this Ordinance.
Regulatory Floodway. The floodway that is used as the basis for
regulation in this Ordinance.
Regulatory Wetlands. All wetlands other than critical wetlands.
Riparian Environment. Land bordering a waterway that provides habitat or
amenities dependent on the proximity to water.
Runoff. The waters derived from melting snow or rain falling within a
tributary drainage basin that exceeds the infiltration capacity of the soils of
that basin.
SCS. The
Sedge Meadow. A wetland dominated by at least one of the following
genera: Carex, Calamagrotis, Cladium, Deschampsia, Eleocharis, Rhynchospora,
Scleria, or Eriophorum.
Seep. A wetland, herbaceous or wooded, with saturated soil or inundation
resulting from the diffuse flow of groundwater to the surface stratum.
Soil Scientist. A person with a four-year degree in which the core
curriculum included course work in a minimum of two of the following fields:
soil science, pedology, edophology, and geomorphology, and which person has a
minimum of two years of field experience in classifying soils.
Special
flood Hazard Area. An area having special flood, mudslide or mudflow, or flood-
related erosion hazards, and which area is shown on an FHBM or FIRM as Zone A,
AO, Al-30, AE, A99, All, VO, V1-30, VE, V M, or E.
Special Management Areas. Regulatory flood plains or wetlands. See Article 10
of this Ordinance.
Stormwater Facility. All ditches, channels, conduits, bridges, culverts,
levees, ponds, natural and man-made impoundments, wetlands, riparian
environment, tile, swales, sewers, or other natural or artificial structures or
measures which serve as a r of draining surface and subsurface water from land.
Stormwater Management Permit. A permit established by this Ordinance or by a
waiver community’s Stormwater Ordinance; and issued by the Department or a
waiver community signifying acceptance of measures identified for proposed
development to comply with this Ordinance and the Plan.
Streamside marsh. A wetland within a 10-year riverine floodplain and
dominated by herbaceous species.
Structural Engineer. A person licensed under the laws of the State of
PROPOSED ORDINANCE continued
ITEM #6 cont’d
Structure. Anything that is erected or constructed. The term
“structure” includes, without limitation: buildings, tanks, dams, sewers,
constructed channels, outfalls, parking lots, driveways, roads, sidewalks, and
concrete patios.
Substantial Improvement. Any repair, reconstruction, rehabilitation,
addition, or other improvement of a building, the cost of which improvement
equals or exceeds, individually or in the aggregate, 50 percent of the fair
market value of the building, determined from the equalized assessed value of
the building, before the start of construction of the improvement or, if the
building has been damaged, before the damage occurred. The term “cost of
improvement” includes the value of volunteer labor and donated materials. The
term ‘cost of improvement’ does not, however, include either (1) any project
for improvement of a building to correct existing violations of state or local
health, sanitary, or safety code specifications that have been identified by
the local code enforcement official and that are the minimum necessary to
assure safe living conditions or (2) any alteration of a historic building that
will not preclude the building’s continued designation as a historic building.
Usable Space. Space used for dwelling, storage, utilities, or
other beneficial purposes, including without limitation basements.
Variance. An authorization recommended by the Cook County
Stormwater Management Commissioner or an Oversight Committee, and granted by
the Cook County Board or the corporate authorities of a waiver community, that
varies certain requirements of this Ordinance or a waiver community ordinance
in a manner in harmony with the application of such ordinance’s general purpose
and intent, which variance shall be granted only in a case where there are
practical difficulties or particular hardships.
Waiver Community. A community that has been granted either a partial
waiver or a complete waiver from County enforcement of this Ordinance. See
Article 4 of this Ordinance.
Waiver Community Ordinance. An approved, valid, and effective stormwater
management ordinance of a waiver community. See Articles 3 and 4 of this
Ordinance.
Watershed. All land area drained by, or contributing water to,
the same stream, lake, or stormwater facility.
Watershed Benefit. A decrease in flood elevations or flood damages
upstream or downstream of the development site.
Watershed Plan. A plan adopted by the County for stormwater
management within a watershed consistent with the requirements in Chapter 3 of
the Plan.
Watershed Planning Area. That area considered in a specific watershed plan,
adopted as part of the Plan.
Watershed Plan Model. The hydrologic and hydraulic model meeting the
standards of the Plan and used in developing a watershed plan.
Wetlands. Areas that are inundated or saturated by surface
water or groundwater at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions.
Wet prairie. A wetland dominated by native graminoid species with a
diverse indigenous forb component that is seasonally saturated and/or
temporarily inundated.
Sec. 15-18. through 15-30. Reserved.
PROPOSED ORDINANCE continued
ITEM #6 cont’d
ARTICLE 3. WAIVER COMMUNITY ENFORCEMENT
Sec. 15-31. Authority.
1.
Pursuant to the authority established in 55 ILCS 5/5-1062, the provisions of
this Ordinance, either in part or as a whole, shall not be enforced by the
County in any community located wholly or partly within the County on petition
of such community and after a finding of the Committee that such community has
a duly adopted stormwater management ordinance consistent with, and at least as
stringent as, the Plan and this Ordinance, as they may be amended from time to
time, or that such community has duly adopted the provisions of this Ordinance.
2.
When a community petitions for and is granted a partial waiver of enforcement
of this Ordinance, such community shall review and approve applications for
Stormwater Management Permits in all areas under its jurisdiction; provided,
however, that:
a.
A partial waiver community shall send applications for Stormwater Management
Permits for development in any special management area to the Director for
review and certification of compliance with the provisions of this Ordinance;
and
b.
After the Director certifies the application for development in such special
management area, the partial waiver community may issue the Stormwater
Management Permit if the application meets the requirements of this Ordinance
or the waiver community’s ordinance, as applicable.
3.
When such a community petitions for and is granted a complete waiver of
enforcement of this Ordinance, such community shall review and approve all
applications for development in all areas under its jurisdiction.
Sec. 15-32. Notice of Intent to Petition for Waiver.
1.
Any community that desires to enforce, either partially or completely, within
its borders the provisions of this Ordinance or its own stormwater management
ordinance that is consistent with, and at least as stringent as, the Plan and
this Ordinance, shall provide the Committee with written notice of that intent
within 60 days after the date of enactment of this Ordinance, or in accordance
with the provisions of Sec. 15-32.2.
2.
For a period of 30 days beginning on the June 1st following the effective date
of this Ordinance and every June 1st thereafter, any community may request a
change in waiver status by providing the Stormwater Management Commission with
written notice of intent that such community intends to petition for such a
change of waiver status. The Stormwater Management Commission shall consider
any such petition pursuant to the provisions of Article 4 of this Ordinance.
Sec. 15-33. Filing and Contents of Petition.
A
petition to the Stormwater Management Commission for a partial or a complete
waiver of enforcement of this Ordinance shall be filed by the community with
the Stormwater Management Commission within 60 days after the date of enactment
of this Ordinance or as specified in Subsection 15-32.2 of this Ordinance. Each
petition shall include a duly adopted resolution or ordinance of the corporate
authorities of the community including:
1.
Adoption of, or an agreement to adopt the provisions of this Ordinance or an
ordinance consistent with, and at least as stringent as, the Plan and this
Ordinance; and
2.
A proposed schedule indicating how the minimum criteria of this Ordinance will
be implemented, including proposed staffing; and
3.
An agreement to include a provision in any new annexation or pre-annexation
agreement that requires every developer to comply with the stormwater standards
as currently adopted or as amended from time to time with regard to any
proposed development for which a plat of subdivision has not yet been recorded;
and
4.
An agreement that the community will be bound by the rules and procedures
governing the petition, including without limitation the Stormwater Management
Commission’s procedures for reasserting county jurisdiction over stormwater
management within waiver community boundaries.
PROPOSED ORDINANCE continued
ITEM #6 cont’d
5.
Documentation indicating the intent and ability to comply with Subsection
15-47.3 of this Ordinance. Each petition
shall specify whether the community seeks a partial waiver or a complete waiver
of enforcement.
Sec. 15-34. Waiver Community Records.
1.
Each waiver community shall maintain records of every Stormwater Management
Permit issued and every variance granted for development within its borders.
2.
Each waiver community shall maintain record drawings of all structures erected
or constructed pursuant to a Stormwater Management Permit issued or variance
granted by such community.
3.
Each waiver community shall maintain such records for periodic inspection by
the Stormwater Management Commission.
4.
Each waiver community shall send to the Stormwater Management Commission a copy
of each variance granted by such community, together with a copy of those
documents required by Section 15-236 of this Ordinance.
Sec. 15-35. Committee Review of Waiver Community Programs
At
least once every three years the Stormwater Management Commission shall review
the implementation and enforcement of each waiver community’s stormwater
program.
Sec. 15-36. through 15-45. Reserved.
ARTICLE 4. COMMITTEE PROCEDURE FOR WAIVER OF ENFORCEMENT.
Sec. 15-46. Committee Consideration of Petition.
The
Stormwater Management Commission shall consider each properly filed petition
for either a partial or a complete waiver of County enforcement of this
Ordinance at a regular or special call meeting. The Stormwater Management
Commission may take comments from interested parties, and the Stormwater
Management Commission shall have the right by rule to establish procedures for
the conduct of such meetings.
Sec. 15-47. Standards for Grant of Petition.
The
Stormwater Management Commission shall grant a petition for waiver of County
enforcement of this Ordinance upon finding that:
1.
The community’s stormwater ordinance is consistent with, and at least as
stringent as, the Plan and this Ordinance, as they may be amended from time to
time; and
2.
The community has complied with the requirements of Article 3 of this
Ordinance; and
3.
By the effective date of the community stormwater ordinance, the community
shall provide reasonable assurance that it has available and will utilize
experts with the following qualifications:
a.
In a complete waiver community:
(1)
A professional engineer with two years experience in stormwater and flood plain
management; and
(2)
A professional engineer with two years experience in the application of
continuous hydrology and fully dynamic hydraulic models; and
(3)
An environmental scientist who has attended at least one course in wetland
delineation approved by the Department; and
(4)
A soil scientist; or,
b.
In a partial waiver community, a professional engineer with two years
experience in stormwater and flood plain management.
Sec. 15-48. Decision; Findings and Decision in Writing.
The
Stormwater Management Commission shall decide, based upon all of the facts and
circumstances: whether to deny the petition; whether to grant the petition and
approve a partial waiver; or, whether to grant the petition and approve a
complete waiver. The Committee’s findings and decision shall be in writing, and
shall specify whether a partial or a complete waiver has been approved or
whether the petition has been denied, and shall specify the reasons for
granting or denying the petition.
PROPOSED ORDINANCE continued
ITEM #6 cont’d
Sec. 15-49. Final Action Required By Committee.
If
the Stormwater Management Commission fails to take final action on a
community’s petition within 75 days after the petition for application has been
properly completed and filed with the Stormwater Management Commission, such
petition shall be deemed to be granted; provided, however, that the Stormwater
Management Commission may, on its own motion, extend such 75-day period for not
more than one additional 60-day period, during which additional 60-thy period
this Ordinance shall not be enforced by the County in such community.
Sec. 15-50. through 15-55. Reserved.
ARTICLE 5. COMMITTEE ENFORCEMENT WITHIN WAIVER COMMUNITIES.
Sec. 15-56. Authority for Committee Action.
1.
The Stormwater Management Commission may, at its discretion, direct the Cook
County Board to investigate substantive complaints concerning the failure of a
waiver community to implement or enforce its waiver community ordinance.
2.
If, after investigation and hearing pursuant to the provisions of this Article
5, the Cook County Board determines that such waiver community has failed in
some significant. way, or has repeatedly failed, to implement or enforce its
waiver community ordinance, then the Stormwater Management Commission may
revoke any previously granted partial or complete waiver, and the provisions of
this Ordinance shall have full force and effect and shall be enforced within
the boundaries of such waiver community by the County.
Sec. 15-57. Complaints.
1.
Any person may file a written complaint with the Stormwater Management
Commission alleging that a waiver community or the Cook County Board has failed
in some significant way, or has repeatedly failed, to implement or enforce the
applicable stormwater management ordinance.
2.
Such complaint shall contain a short statement of facts describing how the
waiver community or the Department has so failed in some significant way, or
has repeatedly failed, to implement or enforce the waiver community ordinance
or this Ordinance.
Sec. 15-58. Complaint Investigation and Review.
1.
Upon receipt of a complaint, the Stormwater Management Commission shall notify
and provide a copy of the complaint to, any community named in the complaint.
2.
The Stormwater Management Commission shall conduct an investigation of the
complaint, including without limitation:
a.
An inspection of all relevant records related to the implementation and
enforcement of the waiver community ordinance or this Ordinance by the
community or the Stormwater Management Commission; and
b.
Field inspections of relevant developments, structures, or stormwater
facilities.
3.
The Stormwater Management Commission shall compile such information as it
determines is necessary to determine whether the community or the Stormwater
Management Commission has failed in some significant way, or has repeatedly
failed, to implement or enforce the waiver community ordinance or this
Ordinance, Sec. 15-56. through 15-63.
4.
If the Cook County Board determines that the community or the Stormwater
Management Commission has failed in some significant way, or has repeatedly
failed, to implement or enforce its stormwater ordinance, then it shall prepare
a report of its findings and determinations and file such report with the
Stormwater Management Commission. In the case of a complaint against the
Stormwater Management Commission, and a determination by the Cook County Board
that the Stormwater Management Commission has not acted improperly, the Cook
County Board shall prepare a report of such findings and determinations and
file such report with the Stormwater Management Commission.
5.
The Stormwater Management Commission shall provide a copy of its report to the
complainant and the community.
PROPOSED ORDINANCE continued
ITEM #6 cont’d
Sec. 15-59. Formal Complaint of Committee.
1.
After receipt of the Stormwater Management Commission report specified in
Subsection 15-58.4 of this Ordinance, the Cook County Board may request the
States Attorney, by his assistant, to issue and serve on the Stormwater
Management Commission or the community that is the subject of the investigation
a written notice of charges together with a formal complaint.
2.
The formal complaint shall specify the manner in which the community or the
Stormwater Management Commission has failed in some significant way or has
repeatedly failed, to implement or enforce the applicable Stormwater Ordinance.
3.
The complaint shall also advise the community or the Stormwater Management
Commission its right to answer the charges specified therein at a public
hearing before the Cook County Board. The date, time, and place of such hearing
shall be specified in the written notice.
4.
A copy of the written notice and formal complaint shall also be sent to OWE.,
FEMA, adjacent communities within the same watershed planning area, and to any
person that has filed a complaint about the community or the Stormwater
Management Commission within the six months immediately preceding the date of
the complaint.
Sec. 15-60. Answer and Time for Filing.
The
community or the Stormwater Management Commission shall have the right to file
a written answer to the allegations contained in the formal complaint at least
seven days prior to the date for which the public hearing is first scheduled.
No written answer shall be allowed to be filed less than seven days prior to
the date for which the public hearing is first scheduled except by leave of the
Cook County Board.
Sec. 15-61. Public Hearing.
Any
public hearing required by this Article shall be set, noticed, and conducted by
the Cook County Board in accordance with the provisions of Section 15-256 of
this Ordinance. Such hearing shall be commenced not less than 30 days nor more
than 45 days after the date of service of the written notice.
Sec. 15-62. Committee Decision.
1.
After due consideration of all written and oral statements, testimony, and
arguments submitted at the public hearing, or upon default in appearance of the
community or the Stormwater Management Commission on the hearing day specified
in the notice, the Cook County Board shall issue a final determination, as it
shall deem appropriate under the circumstances.
2.
The Committee shall file a written opinion, within thirty-five (35) days of the
conclusion of the public hearing, stating the facts and reasons leading to its
decision.
3.
The Committee shall immediately notify the community or the Department of the
Committee’s opinion and order, if any, in writing.
4.
If the Committee determines that a fine or other penalty other than reduction
or rescission of waiver status is to be sought, then it shall request the
State’s Attorney to file a complaint for such in a court of competent
jurisdiction.
5.
If the Committee determines that reduction or rescission of waiver status is
mandated then such reduction or rescission shall occur at the direction of the
Committee. The Committees opinion and determination may be appealed in a court
of competent jurisdiction. Any such appeal must be filed within thirty days of
issuance of the Committees written determination.
Sec. 15-63. Committee Determinations.
The
Committee may by final determination revoke any partial or complete waiver of
County enforcement of this Ordinance previously granted, specify the date on
which the revocation will be effective; or the Committee may issue any other
order directing the community or the Department to take such actions or measures
as the Committee deems are necessary and appropriate to assure cooperation and
proper enforcement of the waiver community ordinance or this Ordinance.
Sec. 15-64. through 15-70. Reserved.
PROPOSED ORDINANCE continued
ITEM #6 cont’d
ARTICLE 6. DUAL
Sec. 15-71. Choice of Planning Jurisdiction.
1.
Pursuant to the authority granted by 55 ILCS 5/ 5-1062(b) (1992), as amended, a
community that is located in more than one county may choose, at the time of
formation of the stormwater management planning committee, and based on
watershed boundaries, to participate in the stormwater management planning
program of either or both of the counties.
2.
The following communities should express their intent to choose to be included
within or excluded from the jurisdiction of the Plan and this Ordinance: Add
3.
The Committee shall include the above-listed communities within the scope of
its planning and enforcement jurisdiction unless the community provides
documentation of its intent to participate in the stormwater management
planning program of the other county.
Sec. 15-72. through 15-77. Reserved.
ARTICLE 7. GENERAL PROVISIONS.
Sec. 15-78. Scope of Regulation.
1.
This Ordinance or the applicable waiver community ordinance shall apply to all
development of property within the boundaries of the County, including those
under the control of any governmental entity, agency, or authority.
2.
The provisions of this Ordinance or the applicable waiver community ordinance
shall not apply to:
a.
Structures and land uses existing as of the effective date of this Ordinance
except when re-developed; and
b.
Proposed developments that are listed on the Official List of Exempt
Developments submitted by each community in accordance with Section 15-79 of
this Ordinance. All such developments shall meet at least one of the following
criteria:
(1)
Building permits for such development were issued prior to the effective date
of this Ordinance; or
(2)
Engineering of all stormwater facilities for such development was submitted to
and approved by the community engineer prior to the effective date of this
Ordinance; or
(3)
Annexation agreements or ordinances or other agreements were recorded or
executed prior to the effective date of this Ordinance which specifically
exempt such development from community codes; or
(4)
For other developments, contractual agreements executed prior to the effective
date of this Ordinance which specifically exempt such development from
community codes; or
(5)
Approvals resulting from judicial decrees preclude application of this
Ordinance.
The
exemption granted pursuant to this Subsection 2 shall extend only to the
specific improvements authorized by the building permit, engineering approval,
or judicial decrees, and all specific limitations agreed to in any annexation
agreement or ordinance or contract shall apply. All other development not
previously specifically exempted shall remain subject to the provisions of this
Ordinance or the applicable waiver community ordinance. Sec. 15-78. through
15-81.
3.
Nonconforming structures shall not be replaced or enlarged in any manner unless
such replacements or enlargements conform to the requirements of this Ordinance
or the applicable waiver community ordinance.
Sec. 15-79. Official Lists of Exempt Developments.
1.
Each community shall submit to the Committee a list of exempt proposed
developments meeting the criteria listed in Subsection 15-78.2 of this
Ordinance within 60 days after the enactment of this Ordinance by the
2.
An Official List of Exempt Developments may be modified by the community and
resubmitted to the Committee at any time prior to the effective date of this
Ordinance.
3.
Each Official List of Exempt Developments or revisions thereof shall be
approved by an official action of the corporate authorities of the community,
and shall be acknowledged in writing by the Director on behalf of the
Committee.
PROPOSED ORDINANCE continued
ITEM #6 cont’d
4.
The Committee may challenge any Official List of Exempt Developments or any
revision thereof submitted by a community within 60 days after proper
submission of such list or revision. The Committee shall state in writing its
reasons for rejection of any development as not being in accordance with the
provisions of Subsection 15-78.2 of this Ordinance.
5.
The community may add a development to, or delete a development from, the
Official List of Exempt Developments and resubmit such list to the Committee in
accordance with Subsection 15-79.3 of this Ordinance after the effective date
of this Ordinance if an applicant shows that the criteria listed in Subsection
15-78.2 of this Ordinance have been met or if the community has determined that
the criteria listed in Subsection 15-78.2 of this Ordinance have not been met.
6.
Prior to resubmitting its Official List of Exempt Development to the Committee
deleting a development, the community resubmitting such list with such deletion
shall notify the affected owner or developer of such deletion in writing and
provide such owner or developer an opportunity to respond to the community.
Sec. 15-80. Interpretation.
1.
This Ordinance and the waiver community ordinances shall be liberally construed
to protect the health, welfare, safety, and the environment of the residents of
the County and to effectuate the purposes of this Ordinance and the waiver
community ordinances and the enabling legislation.
2.
Nothing contained in this Ordinance or the waiver community ordinances shall be
deemed to consent to, license, permit to locate, construct, or maintain any
structure, site, facility or operation, or to carry on any trade, industry,
occupation, or activity.
3.
When provisions of this Ordinance or any waiver community ordinance differ from
any other applicable statute, law, ordinance, regulation, or rule, the more
stringent provision shall apply.
4.
The provisions of this Ordinance and the waiver community ordinances are
cumulative and shall be considered additional limitations on all other laws and
ordinances previously approved or that may hereafter be approved and that
concern any subject matter included in this Ordinance or any waiver community
ordinance.
Sec. 15-81. Warning and Disclaimer of Liability.
1.
The degree of flood protection provided by this Ordinance or any waiver
community ordinance is considered reasonable for regulatory purposes and is
based on engineering experience and scientific methods of study.
2.
Increased flooding may result from causes beyond the control of the County or
any community.
3.
This Ordinance and the waiver community ordinances do not, therefore, imply
that areas outside the delineated flood plain or permitted land uses within the
delineated flood plain will be free from flooding and associated damages.
4.
Neither this Ordinance nor any waiver community ordinance shall be construed or
applied in any manner to create liability on the part of or a cause of action
against the County, any community, or any elected official, officer, agent, or
employee thereof, for any flood damage resulting from reliance on the
provisions of this Ordinance or any waiver community’s ordinance or from
reading or interpreting any map that is part of this Ordinance or any waiver
community ordinance.
Sec. 15-82. through 15-90. Reserved.
ARTICLE 8. ADMINISTRATION.
Sec. 15-91. Responsibility for Administration.
1.
The Stormwater Management Commission or the Oversight Committee in a waiver
community, shall determine policy related to and direct the enforcement of this
Ordinance or the waiver community’s ordinance, as applicable.
PROPOSED ORDINANCE continued
ITEM #6 cont’d
2.
The Director, or the Administrator in a waiver community, shall have the
authority and responsibility for the administration of this Ordinance or the
waiver community’s ordinance, as applicable. In performing his or her duties,
the Director or the Administrator may delegate routine responsibilities to any
named designee.
3.
Each community shall remain solely responsible for its standing in the NFIP and
for:
a.
Maintaining records and submitting reports required for the NFIP, including
elevation certificates, flood proofing certificates, and lowest floor
elevations; and
4.
Notify the Director, FEMA, OWR, COB, the Illinois Environmental Protection
Agency, and the Federal Environmental Protection Agency of any proposed
amendment to this Ordinance or the waiver community’s ordinance.
Sec. 15-92. Duties of Director.
The
duties and functions of the Director shall include:
1.
Supervising the execution of this Ordinance; and
2.
Supervising the development and revision of the appendices of the Plan for the
Stormwater Management Commission and County Board approval and taking such
actions as are reasonably necessary and proper to carry out the purposes and
provisions of this Ordinance; and
3.
Certifying flood plain delineations and support documentation from partial
waiver communities for any CLOMR, LOMR, CLOMA, and LOMA requirement, which
certification may be done concurrent with submittal to OWR or its designee and
FEMA; and
4.
Developing and maintaining County-wide regulatory maps; and
5.
Directing the application and review of complex Stormwater Management Permits
for any community that requests such assistance; and
6.
Performing, in non-waiver communities, the duties which are assigned to the
Administrator in waiver communities; and
7.
Reviewing and certifying proposed developments in special management areas
within partial waiver communities; and
8.
Keeping OWR and FEMA informed of community waiver and ordinance status within
30 days after any changes in status; and
9.
Notifying the communities, FEMA,
Sec. 15-93. Duties of Administrator in Waiver Community.
The
duties and functions of the Administrator shall include:
1.
Ensuring that copies of all applicable required federal, state, and regional
permits or County approvals are received prior to issuing any permits required
by the waiver community ordinance; and
2.
Verify the existence of special management areas for each application; and
3.
Reviewing and approving certificates and issuing any permits or notices
required by the waiver community ordinance; and
4.
Notify the Director and owners of adjacent upstream, downstream, and
potentially affected property, affected state and federal agencies, and
watershed basin communities, and publishing a notice in a local newspaper of
any variance requested from the provisions of the waiver community ordinance;
and
5.
Notify the Director and all affected persons defined in Subsection 15-93.4 of
this Ordinance of any applications for CLOMR or LOMR; and
PROPOSED ORDINANCE continued
ITEM #6 cont’d
6.
Providing for inspections of developments as provided in Section 15-197 of this
Ordinance under the terms of the waiver community’s ordinance; and
7.
Investigating complaints of violations of the waiver community’s ordinance; and
8.
Notify any applicant for a variance that wanting the variance may result in
increased rates for flood insurance; and
9.
Notify the Director and other jurisdictions of alleged violations of their
permit programs; and
10.
Notify violators within regulatory flood plains that failure to comply with
NFIP provisions could make them ineligible to receive flood insurance; and
11.
Initiating any proceeding necessary to enforce the waiver community ordinance;
and
12.
Encouraging and conducting studies, investigations, and research relating to
the physical, chemical, ecological, engineering, and other aspects of
stormwater management; and
13.
Advising, consulting with, arid cooperating with other governmental agencies to
promote the purposes of this Ordinance and the waiver community’s ordinance;
and
14.
Maintaining for public inspection copies of all applications and submittals,
federal and state permit documents, variation documentation, CLQMR, LOMR,
CLOMA, LOMA, and all other documents required pursuant to Article 11 of this
Ordinance as directed under the waiver communities ordinance; and
15.
Sending copies of any application for a CLOMP LOMR, CLOMA, or LOMA to the
Director; and
16.
Receiving certification for development in special management areas from the
Director prior to partial waiver community approval of any CLOMR, LOMR, CLOMA,
or LOMA; and
17.
Sending a copy of any petition or request for a variance from the terms of the
waiver community ordinance to the Stormwater Management Commission before any
such variance is approved by the Oversight Committee; and
18.
Submitting the necessary information to the Director relating to development in
order to maintain County-wide regulatory maps and for supervision of the
Ordinance. This includes, but is not limited to, copies of any Stormwater
Management Permits, CLOMR, LOMR, CLOMA, and LOMA.
19.
Maintaining documentation on “cost of improvement” on buildings in the flood
plain, relating to the substantial improvements requirements of this Ordinance.
Sec. 15-94. Representative Capacity.
In
all cases when any action is taken by the Director or the Administrator, or his
or her duly appointed designee, to enforce the provisions of this Ordinance or
the waiver community ordinance, such action shall be taken either in the name
of and on behalf of the County or of the waiver community, or the people of the
State of Illinois, and neither the Director nor the Administrator, or his or
her designee, in so acting for the County or the waiver community shall be
rendered personally liable.
Sec. 15-95.
1.
A Watershed Basin Committee shall be established in every watershed planning
area throughout the County.
2.
The Watershed Basin Committee may mediate any technical disputes between the
Director and the Administrator or the communities concerning the technical
interpretation or application of the provisions of this Ordinance or the waiver
community ordinances. Each member of the Watershed Basin Committee shall have
equal voting rights. Recommendations shall be made by a majority of the members
in attendance.
PROPOSED ORDINANCE continued
ITEM #6 cont’d
3.
The Watershed Basin Committee shall be comprised of one professional engineer
representing each community in a watershed planning area and one professional
engineer representing the Stormwater Management Commission.
4.
The Watershed Basin Committee shall, if requested by the Stormwater Management
Commission or an Oversight Committee, evaluate technical issues related to a
specific application and render an opinion.
Sec. 15-96. Oversight Committee.
1.
An Oversight Committee shall be established to oversee the implementation and
enforcement of the waiver community’s ordinance within its jurisdiction.
2.
The corporate authorities of a community, or any representatives duly appointed
by the corporate authorities, may serve as the Oversight Committee.
3.
The Oversight Committee, when considering appeals or variances, may request an
opinion from the Watershed Basin Committee on technical issues.
Sec. 15-97. through 15-110. Reserved.
ARTICLE 9. REQUIREMENTS FOR STORMWATER AND FLOOD PLAIN MANAGEMENT
Sec. 15-111. General Information.
1.
All developments shall meet the requirements specified for general stormwater
and flood plain development (Section 15-112), site runoff (Section 15-113),
sediment and erosion control (Section 15-116), and performance security
(Article 13).
2.
All developments shall comply with the site runoff storage requirements
provided in Section 15-114 of this Ordinance in which:
a.
The parcels being developed total three acres or greater for single or two
family residential subdivision land uses; or
b.
The parcels being developed total one acre or greater for multiple family or
non residential subdivision land uses; or
c.
The parcels being developed total one acre or greater for multiple family or
non residential developments and the new development totals either individually
or in the aggregate after February 15, 1992 to more than 25,000 square feet; or
d.
The area being developed totals one acre or greater for road developments in
rights-of-way under the ownership or control of a unit of government.
3.
Reserved.
4.
Developments shall also meet the more specific requirements of applicable
adopted Watershed Plans or adopted Interim Watershed Plans, set forth in
Sections 15-i 17 through 15-122.
5.
All development within special management areas, and substantial improvements
within a flood plain, shall also satisfy the requirements specified in Article
10 of this Ordinance.
6.
All developers shall submit the documents specified in Article 11 of this
Ordinance to verify compliance with these requirements.
7.
Facilities constructed under the provisions of this Ordinance or the waiver
community ordinance shall be maintained according to the criteria and
guidelines established in the Plan. Maintenance is the responsibility of the
owner of the land on which the stormwater facilities are constructed unless the
responsibility is assigned, pursuant to Section 15-180 of this Ordinance, to an
entity acceptable to the governmental unit that has jurisdiction over such
land.
Sec. 15-112. General Stormwater and Flood Plain
Requirements.
The
following general stormwater and flood plain requirements shall apply to all
development.
PROPOSED ORDINANCE continued
ITEM #6 cont’d
1.
Development shall not:
a.
Result in any new or additional expense to any person other than the developer
for flood protection or for lost environmental stream uses and functions; nor
b.
Increase flood elevations or decrease flood conveyance capacity upstream or
downstream of the area under the ownership or control of the developer; nor
c.
Pose any new or additional increase in flood velocity or impairment of the
hydrologic and hydraulic functions of streams and flood plains unless a
watershed benefit is realized; nor
d.
Violate any provision of this Ordinance or any applicable waiver community
ordinance either during or after construction; nor
e.
Unreasonably or unnecessarily degrade surface or ground water quality.
2.
Analysis and design of all stormwater and flood plain facilities required for
development shall:
a.
Meet the standards and criteria established in the Plan and, if available in
Watershed Plans or in Interim Watershed Plans; and
b.
Consider the Technical Guidance for the
c.
Be consistent with techniques specified in the Watershed Plans or the Interim
Watershed Plans; and
d.
Consider existing and ultimate watershed and land use conditions, with and
without the proposed development.
3.
Stormwater facilities shall be functional before building permits are issued
for residential and non-residential subdivision.
4.
Stormwater facilities shall be functional where practicable for single parcel
developments before general construction begins.
5.
In areas outside the boundary of the regional flood plain all usable space in
new buildings, or added to existing building shall be elevated, flood proofed,
or otherwise protected to at least one foot above the adjacent base flood
elevation to prevent the entry of surface stormwater. Flood proofing devices
shall be operational without human intervention. If electricity is required for
protection against flood damage, there shall be a backup power source which
will activate without human intervention. Flood proofing measures shall be
certified by a professional engineer.
6.
All usable space in new buildings or added to existing buildings adjacent to a
major stormwater system, site runoff storage facility overflow path or site
runoff storage facility, shall be elevated, flood proofed, or otherwise
protected to at least one foot above the design elevation to prevent the entry
of surface stormwater. The design elevation is the elevation associated with
the design rate as determined in Section 15-1 14.8.f
Sec. 15-113. Site Run off Requirements.
1.
Stormwater facilities shall be required and shall be designed so that runoff
exits the site at a point where flows will not damage adjacent property.
2.
Stormwater facilities shall be designed to conform with the requirements of
3.
Minor stormwater systems shall be sized to convey runoff from the tributary
watershed under filly developed conditions consistent with the design
requirements of the local jurisdiction.
4.
Major stormwater systems shall be sized to convey the base flood without
causing additional property damage.
5.
Design runoff rates shall be calculated by using continuous simulation models
or by event hydro methods. If event hydrograph methods are used, they must be
either HEC-I SCS runoff method, TR-20, or TR-55 tabular method. Event methods
must incorporate the following assumptions:
a.
Antecedent moisture condition = 2; and
b.
Huff or SCS Type II rainfall distribution.
PROPOSED ORDINANCE continued
ITEM #6 cont’d
6.
Any design runoff rate method shall use Illinois State Water Survey Bulletin 70
northeast sectional rainfall statistics or the National Oceanic and Atmospheric
Administration continuous rainfall record from 1949 to present at the
7.
Major and minor stormwater systems shall be located within easements or
rights-of-way explicitly providing for public access for maintenance of such
facilities.
8.
Maximum flow depths on any roadway shall not exceed six inches during the base
flood condition.
9.
Transfers of waters between watersheds shall be prohibited except when such
transfers will not violate the provisions of Subsection 15-112.1 of this
Ordinance.
10.
Stormwater facilities for runoff upstream of flood protection facilities shall
provide for conveyance or storage of flood waters without increased potential
for damage to real or personal property during base flood conditions.
11.
Developments shall, to the extent practicable and necessary, incorporate the
following best management practices into the site design to minimize increases
in runoff rates, volumes, and pollutant loads:
a.
All runoff from rooftops and parking lots, and discharge from sump pumps, that
does not discharge into a site runoff storage facility shall be directed onto
vegetated swales or filter strips, for a distance of at least 50 feet.
b.
Vegetated swales shall be utilized, where appropriate, as an alternative to
storm sewers to promote the infiltration of stormwater and the filtration of
stormwater pollutants.
c.
Effective impervious surface area should be limited by site designs which
minimize the area of streets, parking lots, and rooftops and/or utilize
permeable paving material such as concrete ids in low traffic areas.
d.
Other best management practices such as infiltration basins and trenches (where
permeable soils are present) and filtration basins and sand filters (on highly
impervious or industrial developments) shall be utilized where appropriate.
a.
The practices and procedures established in the Technical Guidance for the
Cook
County Countywide Stormwater and Flood Plain Ordinance for the Plan and as
described in the United States Environmental Protection Agency’s ‘Guidance
Specifying Management Measures for Sources of Nonpoint Pollution in Coastal
Waters’, dated January 1993.
12.
Developments shall incorporate all best management practices as may be required
pursuant to the United States Clean Water Act, 33 U.S.C. § 1251 as amended.
Sec. 15-114. Site Runoff Storage Requirements (Detention).
1.
Maximum site runoff storage requirements shall be consistent with the
information, procedures, and requirements of the applicable Sections 15-117
through 15-122 of this Ordinance, except as limited by the provisions of
Subsection 15-114.2 of this Ordinance.
2.
If no release rate, or a greater release rate than identified below, is
specified in the applicable Sections 15-117 through 15-122 of this Ordinance,
then sufficient storage shall be provided such that the probability of the post
development release rate exceeding 0.1 cfs/acre of development shall be less
than one percent (1.0%) per year. Design runoff volumes shall be calculated
using continuous simulation or event hydrograph methods.
3.
If event hydro methods are used to calculate design runoff volumes, they must
be either HEC-1 SCS runoff method with outlet routing option, TR-20 with outlet
control routing option, or TR-55 tabular method with outlet control routing.
Event methods shall incorporate the following assumptions:
a.
Antecedent moisture condition = 2; and
b.
Huff or SCS Type II rainfall distribution; and
c.
Twenty-four (24) hour duration storm with a one percent (1.0%) probability of
occurrence in any one year as specified by Illinois State Water Survey Bulletin
70 northeast sectional rainfall statistics.
4.
If continuous simulation methods are used, design runoff volumes shall be
calculated using the Wheaton National Oceanic and Atmospheric Administration
rainfall record from 1949 to present.
PROPOSED ORDINANCE continued
ITEM #6 cont’d
5.
For sites where the undeveloped release rate is less than the maximum release
rate in Subsection 15-114.2 of this Ordinance, the developed release rate and
corresponding site runoff storage volume shall be based on the existing
undeveloped release rate for the development site.
6.
All hydrologic and hydraulic computations must be verified under the fill range
of expected downstream water surface elevations, from low flow through the base
flood elevation.
7.
Responsibility for maintenance of all storage facilities shall be designated on
the plat of subdivision or other recorded documents.
8.
Storage facilities shall be designed and constructed with the following
characteristics:
a.
Water surface depths two feet above the base flood elevation will not damage
the storage facility.
b.
The storage facilities shall be accessible and easily maintained.
c.
All outlet works shall function without human intervention or outside power and
shall operate with minimum maintenance.
d.
Storage facilities shall facilitate sedimentation and catchment of floating
material.
e.
Storage facilities shall minimize impacts of stormwater runoff on water quality
by incorporating best management practices.
f.
Storage facilities shall provide an overflow structure and overflow path that
can safely pass excess flows though the development site. The minimum design
rate shall be 1.0 cfs/acre of area tributary to the storage facility.
9.
Storage facilities located within the regulatory flood plain shall:
a.
Conform to all applicable requirements specified in Article 10 of this
Ordinance; and
b.
Store the required site runoff under all streamflow and backwater conditions up
to the base flood elevation; and
c.
Not allow design release rates to be exceeded under any stream elevation less
than the base flood elevation.
10.
Storage facilities located within the regulatory floodway shall:
a.
Meet the requirements for locating storage facilities in the regulatory flood
plain; and
b.
Be evaluated by performing hydrologic and hydraulic analysis consistent with
the standards and requirements for Watershed Plans; and
c.
Provide a watershed benefit.
11.
Developments with storage facilities that have off-site flow tributary to the
site either shall provide storage sufficient to accommodate runoff from the
off-site tributary watershed and the site, or shall store the site runoff and
convey off-site flows through the development while preserving the existing
flow and storage of the site.
12.
Storage facilities may be located off-site if the following conditions are met:
a.
The off-site storage facility meets all of the requirements of this Article 9;
and
b.
Adequate storage capacity in the off-site facility is dedicated to the
development; and
c.
The development includes provisions to convey stormwater to the off-site
storage facility.
Sec. 15-115. Detention Variance Fee Program
1.
Where a variance to the site runoff storage requirements of Section 15-114 is
granted, payment into a detention variance fee program shall be made prior to
the issuance of a Stormwater Management Permit as a condition of the variance.
2.
Development in a non-waiver community or in a waiver community that has not
adopted a detention variance fee program shall participate in the County’s
program where:
a.
Payment of a detention variance fee for the varied storage shall be made to the
County and is determined by applying the first applicable criteria as follows:
b.
A fee calculated by multiplying the per acre-foot cost of the closest off-site
storage facility times the varied storage where:
c.
A design concept plan for the facility has been approved by the Stormwater
Management Commission and the
PROPOSED ORDINANCE continued
ITEM #6 cont’d
d.
A formula has been developed to determine that any investment in the facility
shall be at least equal to the cost of planning, acquiring of lands,
constructing, operating, and maintaining the facility; and
e.
The facility is located in the same watershed planning area as the variance.
f.
An adopted fee schedule, attached to this Ordinance as Schedule B and by this
reference incorporated into this Ordinance, that identifies reasonable and
rational cost to provide site runoff storage in the same watershed planning
area as the variance. The fee shall include the cost of planning, acquiring
land, construction, operation, and maintenance.
g.
Funds collected shall be accounted for in separate project or watershed
planning area accounts. Funds shall be used in the same community or watershed
planning areas as collected to enhance existing site runoff storage facilities
and related components, construct off-site facilities and related components,
provide maintenance of stormwater facilities, or undertake other development
that provides a watershed benefit.
h.
The County Board shall provide accounting on an annual basis of all funds
deposited in each project or watershed planning accounts and shall account for
each fund on a first-in, first-out basis.
i.
The Stormwater Management Commission may prioritize and allocate funds on an
annual basis within each watershed planning area account. Communities may make
a request to the Committee by June 30th of each year for funds within the
watershed planning accounts for uses identified in Section 15-1 l5.2.b.
j.
All detention variance fees are refunded to the person who paid the fee, or to
that person’s successor in interest, whenever the County fails to encumber the
fees collected within 10 years of the date on which such fees are collected.
3.
Refunds are made provided that the person who paid the fee, or that person’s
successor in interest, files a petition with the County within one year from
the date on which such fees are required to be encumbered.
4.
Development in a waiver community shall participate in the waiver community’s
detention variance fee program where the corporate authority has adopted a
program that is consistent with Section 15-115.2. The waiver community may
adopt its own fee schedule and designate off-site facilities. Funds may be used
in the same community or watershed planning area as collected. All accounting
records shall be made available to the Stormwater Management Commission upon
request.
Sec. 15-116. Sediment and Erosion Control Requirements.
1.
Sediment and erosion control devices shall be functional before land is
otherwise disturbed on the site.
2.
Stockpiles of soil shall not be located in special management areas.
3.
If a stockpile is to remain in place for more than three days then sediment and
erosion control shall be provided for such stockpile.
4.
If the volume, velocity, sediment load, or peak flow rates of stormwater runoff
are temporarily increased during construction, then properties and special
management areas downstream from such development sites shall be protected from
erosion.
5.
Storm sewer inlets shall be protected with sediment tapping or filter control
devices during construction.
6.
The surface of stripped areas shaft be permanently or temporarily protected
from soil erosion within 15 days after final grade is reached. Stripped areas
that will remain undisturbed for more than 15 days after initial disturbance
shall be protected from erosion. Temporary sediment and erosion control
measures shall be maintained continuously until permanent cover is established.
7.
Water pumped or otherwise discharged from the site during construction
dewatering shall be filtered.
8.
Graveled roads, access drives, parking areas of sufficient width and length,
and vehicle wash down facilities if necessary, shall be provided to prevent the
deposit of soil from being tracked onto public or private roadways. Any soil
reaching a public or private roadway shall be removed before the end of each
workday.
PROPOSED ORDINANCE continued
ITEM #6 cont’d
9.
All control measures necessary to meet the requirements of this Ordinance or
the waiver community ordinance shall be kept operational and maintained
continuously throughout the period of land disturbance until permanent sediment
and erosion control measures are operational.
Sec. 15-117. Reserved for Special Requirements
Sec. 15-118. Reserved for Special Requirements
Sec. 15-121. Reserved for Special Requirements in the
Sec. 15-122. Reserved for Special Requirements
Sec. 15-123. through 15-130. Reserved.
ARTICLE 10. SPECIAL MANAGEMENT AREAS.
Sec. 15-131. Special Management Areas.
1.
Special management areas include regulatory flood plains, wetlands, and
riparian environments. Requirements for determining regulatory flood plains are
specified in Section 15-132 of this Ordinance. Requirements for delineating
wetlands are specified in Section 15-134 of this Ordinance. Requirements for
determining riparian environments are specified in Section 15-137 of this
Ordinance.
2.
Any development in the regulatory flood plain shall comply with the
requirements of Section 15-133 of this Ordinance in addition to the
requirements of Article 9 of this Ordinance.
3.
Any development in wetlands shall comply with the requirements of Section
15-135 of this Ordinance in addition to the requirements of Article 9 of this
Ordinance.
4.
All developers shall submit the documents specified in Article 11 of this
Ordinance to verify compliance with the requirements of this Ordinance or the applicable
waiver community ordinance.
5.
All developers shall grant the Director or the Administrator consent to record
against the title of the property an informational note stating that a permit
to build in a special management area has been granted. The informational note
shall be printed on the face of the plat or other recorded document or shall be
separately recorded if the project is a single lot development.
Sec. 15-132. Requirements for Regulatory Flood Plain and
Regulatory Floodway Determination.
1.
Any developer proposing development shall identify the boundaries and elevation
of the regulatory flood plain and the boundaries of the regulatory floodway.
2.
The regulatory flood plain shall be determined by the highest base flood
elevation for a development site at the time of application as determined by:
a.
Flood plain studies in the Watershed Plans.
b.
Flood plain studies prepared as part of Interim Watershed Plans.
c.
OWR studies adopted as State Regulatory Maps listed in Exhibit 2.
d.
Flood Insurance Studies, Flood Insurance Rate Maps, and flood Boundary and
Floodway Maps published by FEMA listed in Exhibit 2.
e.
Project specific flood plain studies that meet the standards established in the
Plan and approved by the Director.
3.
The Director, or the Administrator in a complete waiver community, may require
the applicant to perform a project specific flood plain study when no other
regulatory flood plain has been established as provided in Subsection 15-132.2
of this Ordinance. If the drainage area is one square mile or greater, the
study shall also require approval from OWR or their designee.
4.
Any development located within the regulatory flood plain as listed in Exhibit
2 may require approval from OWR or its designee or FEMA or both. Exhibit 2
includes approved OWR and FEMA studies and maps used for insurance and flood
plain management purposes.
PROPOSED ORDINANCE continued
ITEM #6 cont’d
5.
The regulatory floodway shall be designated by OWR or its designee and is shown
on maps listed in Exhibit 2. If a floodway is not designated on the maps in
Exhibit 2, then the regulatory floodway shall be deemed to be the regulatory
flood plain.
6.
The regulatory floodway may be re-designated by a project specific flood plain
study and shall require approval from the Department and OWR or its designee,
and a CLOMR or LOMR from FEMA.
Sec. 15-133. Requirements for Development within the
Regulatory Flood Plain.
1.
Development shall preserve effective floodway conveyance such that there will
be no increases in flood elevations, flows, or floodway velocity, unless any
such increases are contained in a public flood easement and a watershed benefit
is provided.
2.
Temporary or permanent storage of the following are prohibited unless elevated
or flood proofed to one foot above the base flood elevation:
a.
Items susceptible to flood damage; or
b.
Unsecured buoyant materials or materials that may cause off-site damage
including bulky materials, flammable liquids, chemicals, explosives,
pollutants, or other hazardous materials; or
c.
Landscape wastes.
3.
All usable space in new buildings, added to existing buildings, or in existing
buildings in the flood plain undergoing substantial improvement shall be
elevated to at least one foot above the base flood elevation.
4.
In areas outside the regulatory floodway but within the flood plain, maximum
flow depths on new parking lots shall not exceed one foot during the base flood
condition and shall be designed for protection against physical flood damages.
Flood hazard in parking areas below the base flood elevation shall be clearly
posted.
5.
New structures other than buildings shall either be elevated to at least one
foot above the base flood elevation or designed for protection against physical
flood damages. Flood proofing devices shall be operational without human
intervention, if electricity is required for protection against flood damage,
then there must be a backup power source that will activate without human
intervention. The flood proofing shall be certified by a professional engineer.
6.
New or expansion of existing manufactured home parks or subdivisions and
placement of manufactured homes not in existing manufactured home parks or
subdivisions shall require that:
a.
All stands or pads shall be elevated to or above the base flood elevation; and
b.
Adequate access and drainage shall be provided; and
c.
If pilings are used for elevation, applicable design and construction standards
for pilings shall be met; and
d.
Anchoring shall be accomplished in accordance with the rules and regulations
for the Illinois Mobile Home Tie-Down Act issued pursuant to 77 Ill. Mm. Code §
870 to resist flotation, collapse, and lateral movement.
7.
Existing structures shall not be enlarged, replaced, or structurally altered
unless the changes meet the requirements for development. If the changes
constitute substantial improvement to a building in the flood plain, then the
entire building shall meet the requirements for development.
8.
Existing structures may be flood proofed. Flood proofing devices shall meet the
requirements for development in the flood plain and be operational without
human intervention. If electricity is required, then there must be a backup
power source that will activate without human intervention. The flood proofing
shall be certified by a professional engineer. Compensatory storage is not
required for flood proofing of existing buildings for flood plain volume
displaced by the building and within the area of 10 feet adjacent to the
building.
9.
Any placement of fill, structures, or other materials above grade in the flood
plain shall require compensatory storage equal to at least 1.5 times the volume
of flood plain storage displaced and shall be provided at the same incremental
flood frequency elevation as the flood storage displaced. Compensatory storage
shall be operational prior to placement of fill, structures, or other materials
in the regulatory flood plain. Grading in special management areas shall be
done in such a manner that the existing flood plain storage is maintained at
all times.
PROPOSED ORDINANCE continued
ITEM #6 cont’d
10.
A copy of an application for a CLOMR, CLOMA, LOMA, or LOMR including all the
required information, calculations, and documents shall be submitted to the
Department concurrent with the application to FEMA or OWR or its designee.
11.
No filling, grading, dredging, or excavating which changes the base flood
elevation, base flood flow rate or the floodway boundary shall take place until
a CLOMR is issued by FEMA.
12.
If a LOMR is required by FEMA, no building construction shall take place until
the LOMR is received.
13.
Any fill required to elevate a building must extend at least 10 feet beyond the
foundation before the grade slopes below the high base flood elevation.
14.
When a structure is elevated by some means other than filling in the regulatory
flood plain:
a.
The useable space of any building and all electrical, heating, ventilating,
plumbing, and air conditioning equipment shall be located at least one foot
above the highest base flood elevation; and
b.
Elevation can be accomplished using stilts, piles, walls, or other foundations.
Areas below the lowest floor that are subject to flooding shall be designed so
that hydrostatic forces on exterior walls are automatically equalized by
allowing for the entry and exit of floodwaters and shall be anchored and
aligned in relation to flood flows and adjoining structures so as to minimize
exposure to known hydrodynamic forces such as currents, waves, ice, and
floating debris. Designs for meeting this requirement shall be prepared,
signed, and sealed by a structural engineer or architect and meet or exceed the
following minimum criteria:
(1)
A minimum of two openings having a total net area of not less than one square
inch for every square foot of enclosed area subject to flooding; and
(2)
The bottom of all openings shall be no higher than one foot above grade; and
(3)
Openings may be equipped with screens, louvers, valves, or other coverings or
devices, provided that such coverings and devices do not impede the automatic
entry and exit of floodwaters; and
c.
All materials and structures less than one foot above the base flood elevation
shall be resistant to flood damage.
15.
Existing flood storage that is lost due to channel modification shall require
compensatory storage.
16.
Any removal, replacement, or modification of stormwater facilities that has an
existing hydraulic impact shall provide a watershed benefit and shall require
compensatory storage to mitigate for any potential increases in flow or flood
elevations. All structures and their associated low entry elevations within the
created backwater of the existing stormwater facility shall be identified.
17.
The release rate from new or modified storm sewer outfalls shall meet the
requirements of Section 15-114.2 of this Ordinance or demonstrate compliance
with Section 15-112.
18.
On-site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
19.
Sanitary sewer systems and water distribution systems shall be designed to
minimize or eliminate infiltration or inflow of flood waters and discharge of
sewage.
20.
Hydrologic and hydraulic impacts of developments located in the regulatory
floodway shall be evaluated using the applicable regulatory model and confirmed
using Watershed Plan models, if available, or models meeting the Plan standards
for watershed planning. The hydrologic and hydraulic impacts of development
shall be evaluated using events representing the frequency range from 50
percent (2-yr) to one percent (100-yr) probability of being equaled or exceeded
in a given year. The results of any such evaluation shall be submitted to the
Department.
21.
Any proposed development in the regulatory floodway shall evaluate the
hydrologic and hydraulic impacts for existing and any future planned watershed
conditions.
22.
In the regulatory floodway portion of the regulatory flood plain, all of the
requirements of this Section 15-133 shall apply to any proposed development,
and only the following appropriate uses shall be considered for permits:
PROPOSED ORDINANCE continued
ITEM #6 cont’d
a.
Bridges, culverts, and associated roadways, sidewalks, and railways, necessary
for crossing over the floodway or for providing access to other appropriate
uses in the floodway and any modification thereto; and
b.
At or below grade trail systems; and
c.
Regulatory floodway re-grading, without fill, to create a positive slope toward
a watercourse; and
d.
Flood proofing activities to protect existing structures; and
e.
Stormwater facilities relating to the control of drainage or flooding; and
f.
Above- and below-ground utilities and sanitary and storm sewer outfalls; and
g.
The storage and conveyance of floodwaters; and
h.
Erosion control structures and water quality and habitat structures; and
i.
Recreational boating and commercial shipping facilities.
23.
Transition sections within the regulatory floodway are required for the
calculation of effective conveyance including the modification and the
replacement of existing bridge and culvert structures, or to compensate for
lost conveyance for other appropriate uses. The following ratios shall be used
to calculate transition sections:
a.
Water Will expand no faster than one foot horizontal for every four feet of
flooded stream length.
b.
Water will contract no faster than one foot horizontal for every one foot of
flooded stream length.
c.
Water will not expand or contract faster than one foot vertical for every 10
feet of flooded stream length.
Sec. 15-134. Requirements for Wetland Delineation.
1.
Any developer proposing development in or near mapped wetland areas shall
identify the boundaries, extent, function and value, and quality of all wetland
areas on the subject property. The presence and extent of wetland areas on the
subject property shall be determined as the result of an on-site wetland
procedure. This procedure shall be conducted in accordance with the current
Federal wetland delineation methodology authorized under Section 404 of the
Clean Water Act. A written wetland delineation/evaluation report shall be
prepared in compliance with all methodologies and definitions set forth in this
Ordinance or the applicable waiver community ordinance.
2.
The approximate location, extent, and relative quality of off- site wetlands
contiguous to the development shall be identified. The location and extent of
contiguous off-site wetlands shall be determined by using the first of the
following documents or procedures pertaining at the time of development:
a.
Site specific delineation according to the procedures specified in the Plan and
the Federal Manual for Identifying and Delineating Jurisdictional Wetlands. If
such delineation is not available, use Paragraph (b) below.
b.
Wetlands identified in Watershed Plans. If such plans are not available, use
Paragraph (c) below.
c.
Wetlands identified in Interim Watershed Plans. If such plans are not
available, use Paragraph (d) below.
d.
Wetlands identified in the Soil Conservation Service Wetlands Inventory Maps.
3.
Wetlands shall be classified as either critical or regulatory wetlands based on
the assessment of the following functions and values. Critical wetlands,
because of their sizes, configurations, vegetation, soils, or other
characteristics, play crucial roles in storing or conveying flood waters,
controlling erosion, maintaining or enhancing water quality, and providing
habitat for threatened or endangered species. Critical wetland status shall be
assigned to those wetlands that have been determined to satisfy one or more of
the following:
a.
The wetland is identified as a critical wetland in the County’s wetland
inventory, as an ADID wetland, or as part of an Illinois Natural Areas
Inventory (INAI) site; or
b.
The wetland is known to possess a Federal or State listed threatened or
endangered species using the methods found in the Illinois Department of
Conservation’s ‘Guidebook for Endangered Species Inventories”, or Illinois
Department of Conservation has record of their presence within the last three
(3) years; or
c.
The wetland is or encompassas a bog, ephemeral pool, fen, forested wetland,
panne, sedge meadow, seep, streamside marsh, or wet prairie; or
d.
the plant community within the wetland is determined to have a mean rated
quality (MRQ) of 3.5 or higher during a single season assessment, or
alternatively a natural area rating index (NAR1) value of 35.0 or higher during
a spring, summer, and fall assessment, as calculated by the Swink & Wilhelm
methodology. If both methods are performed, the NARI value shall prevail as the
determining value; or
PROPOSED ORDINANCE continued
ITEM #6 cont’d
e.
The initial wildlife quality value using the Modified Michigan Department of
Natural Resources Method is 5.0 or higher, or alternatively the mean rated
wildlife quality (MWRQ) is determined to be 8.0 or higher, as calculated by the
Ludwig wildlife habitat evaluation methodology. If both methods are performed,
the Ludwig value shall prevail as the determining value; or
f.
The ratio of stormwater storage volume available at the base flood elevation to
tributary basin runoff volume to the wetland is 25% or greater, or
alternatively using a method described in Section 15-114.3 or Section 15-114.4,
the loss of wetland storage causes adverse offsite impacts that cannot be
mitigated in accordance with Section 15-113 and Section 15-133. If both methods
are performed, the methods described in Section 15-114 shall prevail as the
determining value; or
g.
The existing release rate from the wetland is 0.1 cfs/acre or less as
determined using the method described in Section 15-114.3.
4.
All other wetlands not meeting one or more of the critical wetland criteria
shall be assigned a regulatory wetland status. The final determination of
wetland status shall be made by the Director, or the Administrator in a
complete waiver community, based upon a review of submitted information and
when necessary, upon consultation with outside wetland authorities.
Sec. 15-135. Requirements for Development Affecting the
Function and Values of Wetlands.
1.
Development within or affecting critical wetlands shall be prohibited, unless
documentation is submitted that conclusively proves that the presence of
critical wetlands precludes all economic use of the entire parcel, and that no
practicable alternative to wetland modification exists. Based upon a review of
the submitted documentation, and any other available resources, the Director,
or the Administrator in a complete waiver community, will make a determination
as to whether the proposed critical wetland modification represents the least
amount of wetland impact required to restore an economic use to the upland
portion of the parcel, and whether a permit should be granted.
2.
Development within or affecting regulatory wetlands shall be prohibited unless
documentation is submitted that conclusively proves that no practicable
alternative to wetland modification exists. Based upon a review of the
submitted documentation, and other available resources, the Director, or the
Administrator in a complete waiver community, will make a determination as to
whether the proposed wetland modifications will be permitted.
3.
Development will be permitted only when the proposed direct environmental
impacts to on-site wetlands, and indirect environmental impacts to off-site
wetlands, can be sufficiently evaluated, minimized, and mitigated, as specified
in this Section 15-135.
4.
Mitigation for developments within or affecting a wetland shall provide for the
replacement of the wetland environment lost to development at a minimum
proportional rate of three to one (3:1) for critical wetlands where critical
for wetland environments as defined in sections l5-l34.3.b,c, & d, and one
and one half to one (1.5:1.0) for regulatory wetlands. The mitigated wetlands shall
be designed to duplicate or improve the hydrologic, biologic, and economic
features of the original wetland. The Director, or the Administrator in a
complete waiver community, may require a greater compensation ratio where
special wetland functions are threatened.
5.
Mitigation for storage lost within wetlands shall be provided in accordance
with Section 15-112 and Subsection 15-114.5 of this Ordinance.
6.
Mitigation for development impacts within or affecting a critical or regulatory
wetland shall take place in the same watershed planning area as the affected
wetland. For the purpose of Section 15-135 and Section 15-136, the six
watershed planning areas are defined by the >>>>>, as
shown on Exhibit 1.
7.
Creation of wetlands for the mitigation of development impacts within or
affecting a critical or regulatory wetland may take place only within areas not
currently comprised of wetlands.
8.
Mitigation of impacts within or affecting critical and regulatory wetlands
shall include design, construction, and continued maintenance of the mitigation
measures. See Section 15-197 of this Ordinance.
PROPOSED ORDINANCE continued
ITEM #6 cont’d
9.
The Director, or the Administrator in a complete waiver community, at his or
her discretion may allow an existing wetland contiguous to a proposed
regulatory wetland mitigation site to be enhanced in exchange for a partial
reduction in the mitigation area required. In no case shall there be a loss of
wetland function and value. The area of creation of new wetland to compensate
for unavoidable wetland loss shall not be allowed to fall below a one to one
ratio.
10.
Development in or affecting a wetland environment shall be initiated only after
a mitigation plan has been approved and adequate securities are provided as specified
in Article 13 of this Ordinance.
11.
The designs and analyses of all wetland mitigation measures shall meet the
standards of the Plan and shall comply with all applicable Federal, State, and
local regulations regarding wetland impact and mitigation.
12.
The Director, or the Administrator in a complete waiver community, shall
require that the developer or owner provide the County or the waiver community
with periodic monitoring reports on the status of the constructed mitigation
measures, and further may require the developer or owner to undertake remedial
action to bring the area into compliance with the mitigation plan.
13.
Mitigation for development within or affecting a wetland begun prior to
issuance of a stormwater permit, or other unauthorized impact to a wetland,
shall presume the wetland disturbed was a critical wetland requiring mitigation
at a minimum rate of three to one (3:1).
14.
To the extent practicable, development within 50 feet of a wetland shall not,
without mitigation:
a.
Adversely change the quantity, quality, or temporal and areal distribution of
flows entering any adjacent wetlands or waters; nor
b.
Destroy or damage vegetation that stabilizes wetland fringe areas or provides
overland flow filtration to wetlands; nor
c.
Adversely affect any ground water infiltration functions.
Sec. 15-136. Wetland Banking.
1.
Where development affecting wetland meets the requirements of Section 15-135
and the long term preservation of existing wetland functions or characteristics
is unlikely as a result of existing or proposed land use practices in adjacent
upland areas, then the Director or the Administrator may provide that
mitigation for development within or affecting wetlands be accomplished wholly
or in part through investment in an established wetland banking project in lieu
of constructing new wetlands.
2.
Such wetland banking shall be allowed only if no long term net loss of wetlands
results within each watershed planning area as defined in Section 15-135.5 and
if the adverse impacts of development in regulatory or critical wetlands are
fully mitigated.
3.
Wetland banking for development impacts within a critical or regulatory wetland
shall take place within an established wetland banking project approved by the
Committee, or the Oversight Committee in a complete waiver community, and
shall:
a.
Include a wetland enhancement, restoration, and construction plan approved by
the Committee and the County Board, or by the Oversight Committee and the
corporate authorities in a waiver community; and
b.
Include a capital improvements plan containing an estimate of the total per
acre cost of wetland mitigation, including operation and maintenance costs; and
c.
Include a formula to determine that any investment in a wetland bank shall be
at least equal to the cost of planning, acquiring of lands, constructing,
operating, and maintaining mitigated wetlands of equivalent or greater
functional value than those lost to development.
4.
If development impacts to a wetland meets all the conditions for mitigation in
a wetland banking project, a payment may be made into the wetland banking
program and shall be determined by multiplying the acres of required mitigation
times the first of the following applicable costs:
a.
The investment cost of the closest wetland banking project to the development
that is in the watershed planning area that has the greatest wetland deficit,
as defined in Section 15-136.4.c; or
b.
The investment cost of the closest wetland banking project within the same
watershed planning area as the proposed wetland impact; or
PROPOSED ORDINANCE continued
ITEM #6 cont’d
c.
The investment cost of the closest wetland bank to the development that is
outside the watershed planning area where the development is proposed. However,
the area of mitigation available within a wetland banking project for
mitigation from outside the watershed planning area shall not exceed 15% of the
bank’s total wetland area. This amount of wetland mitigation is considered a
wetland deficit in the watershed planning area where the development occurs.
The watershed planning area that receives the wetland mitigation shall pay back
the wetland deficit in accordance with Section 15-136.4.a.
5.
If development impacts to a wetland meet all the conditions for mitigation in
the wetland banking pro wetland impacts are under the threshold requiring
compensatory mitigation in accordance with current U.S. Army Corps of Engineers
— Chicago District Regional Permit Program, and there is not a wetland banking
project available per Section 15-136.4, a payment may be made to the County
equal to $175,000 per acre of required mitigation.
6.
All finds deposited in the wetland banking program shall be maintained in
accounts designated solely for a particular wetland banking project or in a
wetland bank suspense account if collected under Section 15-136 At the option
of the Director, or the Administrator of a full waiver community, funds may be
transferred to the account of another wetland banking project in the same
watershed planning area, or if one is not available, in an off-site mitigation
area meeting the requirements in section 15-135, if that particular wetland
banking project is not construct within 10 years after the date on which such
funds were deposited. Upon approval of a wetland banking project within a
watershed planning area for which payments have been deposited in accordance
with Section 15-136.5, such payments shall be immediately transferred into that
wetland banking project. Any portion of the payment paid in excess of the
actual fee established for said wetland banking project shall be refunded to
the then current property owner or his/her/its designee.
7.
The County Board or the corporate authorities in a waiver community shall audit
annually all funds deposited in wetland banking accounts and shall account for
such funds on a first-in, first-out basis.
Sec. 15-137. Riparian Environments Requirements.
1.
Riparian environments serve the following functions:
a.
Reduces flood flow rates, velocities, and volumes.
b.
Prevents erosion and promotes bank stability of streams, lakes, ponds, or
wetland shorelines.
c.
Controls sediment from upland areas thus reducing the impact of urbanization on
stream habitat and water quality by filtering and assimilating nutrients
discharged from surrounding uplands.
d.
Insulates and moderates daily and seasonal stream temperature fluctuations by
maintaining cooler in-stream temperatures for areas with overhanging
vegetation.
e.
Serves as important sites for identification, which reduces development of
algal blooms and subsequent depressed levels of dissolved oxygen in-stream.
f.
Provides an effective mechanism for treatment of contaminated surface runoff
g.
Provides habitat corridors for both aquatic and terrestrial fauna and flora.
h.
Provides recreational and aesthetics values for human use.
2.
Any developer proposing development in a riparian environment shall identify
the boundaries by using the first of the following documents or procedures
pertaining at the time of development:
a.
Riparian environments identified in Watershed Plans. If such plans are not
available, use Paragraph (b).
b.
Riparian environments identified in Interim Watershed Plans. If such plans are
not available, use Paragraph (c).
c.
Vegetative areas along waterways within the limits of the regulatory flood
plain.
3.
Tree-cuffing and vegetation removal shall be minimized within riparian
environments, and re-vegetation of disturbed areas shall take place as soon as
possible.
4.
Development in a riparian environment shall be initiated only in accordance
with the requirements of this Section 15-137 and the standards of the Plan and
upon consultation with the Technical Guidance for the Cook County Countywide
Stormwater and Flood Plain Ordinance for the Plan.
5.
To the extent practicable, development in a riparian environment shall not,
without mitigation:
a.
Adversely change the quantity, quality, or temporal and areal distribution of
flows entering any adjacent critical wetlands or waters; nor
PROPOSED ORDINANCE continued
ITEM #6 cont’d
b.
Destroy or damage vegetation that overhangs, stabilizes, provides overland flow
filtration, or shades stream channels, wetlands, or impoundments that normally
contain water; nor
c.
Adversely affect any ground water infiltration functions.
6.
The length of any mitigated channel shall be equal to or greater than the
length of the disturbed channel.
7.
Mitigation in riparian environments shall be in accordance with the procedures
specified in the Plan.
8.
Mitigation measures in riparian environments shall include required provisions
for long-term maintenance.
Sec. 15-138. through Sec. 15-145. Reserved.
ARTICLE 11. STORMWATER MANAGEMENT PERMITS.
Sec. 15-146. General Requirements.
1.
Any person proposing a development shall obtain a Stormwater Management Permit
prior to development, as provided in Section 15-147 of this Ordinance.
2.
All Stormwater Management Permit review fees shall be paid at the time of
application. See Section 15-153 of this Ordinance.
3.
All submittals that include the design of stormwater facilities, calculations
for the determination of the regulatory flood plain, or calculations of the
impacts of development shall meet the standards of the Plan and shall be
prepared, signed, and sealed by a professional engineer. Such professional
engineer shall provide an opinion that the technical submittal meets the
criteria required by the Plan and this Ordinance or the applicable waiver
community ordinance.
4.
Any structure subject to a differential water pressure head of greater than
three feet shall be prepared, signed, and sealed by a structural engineer.
5.
The site topographic map, record drawings, and other required drawings shall be
prepared, signed, and sealed by a land surveyor or professional engineer and tied
to the Cook County Survey Control Network (National Geodetic Vertical Datum,
1929 adjustment).
6.
Any proposed development shall secure all appropriate stormwater management
related approvals, including without limitation a OWR Dam Safety permit if required,
and other appropriate federal, stat; and regional approvals prior to the
issuance of a Stormwater Management Permit.
7.
All development undertaken by a unit of local government in the regulatory
flood plain where no regulatory floodway has been designated shall obtain a
permit from OWR or its designee prior to issuance of a Stormwater Management
Permit.
8.
Within the regulatory floodway, the following calculations or analyses shall be
submitted to and approved by OWR or its designee prior to the issuance of a
Stormwater Management Permit:
a.
Flood damage analyses for the replacement or modification of existing bridges
or culverts; and
b.
Hydraulic analyses of new, modified, or replacement bridges or culverts; and
c.
Analyses of alternative transition sections as required in Subsection 15-133.23
of this Ordinance; and
d.
Analyses of hydrologically and hydraulically equivalent compensatory storage.
9.
Any and all proposed development not in a special management area shall be
reviewed under the supervision of a professional engineer meeting the
requirements in Section 15-47.3.b.
10.
Any and all proposed development within the regulatory flood plain shall be
reviewed under the supervision of a professional engineer meeting the
requirements in Section 15- 47.3.a. and, in the case of floodway development,
certified by that professional engineer that the proposed development meets the
minimum requirements of this Ordinance.
PROPOSED ORDINANCE continued
ITEM #6 cont’d
11.
Any and all proposed development in or near a wetland shall be reviewed under
the supervision of an environmental scientist meeting the requirements in
Section 15-47.3.a (3) and certified by that environmental scientist that the
proposed development meets the minimum requirements of this Ordinance.
Sec. 15-147. Applicability; Required Submittals.
1.
A Stormwater Management Permit shall be required if:
a.
The development involves one or more special management areas; or
b.
The development involves a substantial improvement in the regulatory flood
plain; or
c.
The development disturbs more than 5,000 square feet of ground cover, unless
the development solely involves one or more of the following:
(1)
Cultivation, conservation measures, or gardening; or
(2)
Installation, renovation, or replacement of a septic system, potable water
service line, or other utility to serve an existing structure; or
(3)
Excavation or removal of vegetation in rights-of- way or public utility
easements for the purpose of installing or maintaining utilities; or
(4)
Maintenance, repair, or at grade replacement of existing lawn areas not
otherwise requiring a stormwater permit under Ordinance.
2.
In addition to the application requirements provided in Sections 15-146 and
15-148 of this Ordinance, the following submittals shall be required:
a.
The Stormwater Submittal provided in Section 15-149 of this Ordinance shall be
required for all development requiring a stormwater permit.
b.
The Flood Plain Submittal provided in Section 15-150 of this Ordinance shall be
required for all development proposed within any regulatory flood plain
designated in Section 15-132 of this Ordinance.
c.
The Wetland Submittal provided in Section 15-151 of this Ordinance shall be
required for any development proposed within a wetland designated in Section
15-134 of this Ordinance.
Sec. 15-148. Stormwater Management Permit Application.
The
Stormwater Management Permit application shall include all of the following:
1.
The name and legal address of the applicant and of the owner of the land; and
2.
The common address and legal description of the site where the development will
take place; and
3.
A general narrative description of the development, including submittals
required pursuant to Subsection 15-147.2 of this Ordinance; and
4.
Affidavits signed by the land owner and the developer attesting to their
understanding of the requirements of this Ordinance or the applicable waiver
community ordinance and their intent to comply therewith; and
5.
A statement of opinion by a qualified person either denying or acknowledging
the presence of special management areas on the development site, and the
appropriate submittals if the statement acknowledges the presence of special
management areas; and
6.
Copies of other permits or permit applications as required; and
7.
A stormwater submittal; and
8.
A flood plain submittal, if development is proposed in a flood plain; and
9.
A wetland submittal, if development is proposed in a wetland; and
10.
A riparian environment submittal, if development is proposed in a riparian
environment; and
11.
An engineer’s estimate of probable construction cost of the stormwater
facilities.
PROPOSED ORDINANCE continued
ITEM #6 cont’d
Sec. 15-149. Stormwater Submittal.
1.
The stormwater submittal shall include:
a.
A site stormwater plan; and I Site runoff calculations; and
b.
Site runoff storage calculations if site runoff storage is required in Section
15- 111.2; and
c.
Information describing off-site conditions; and
d.
A sediment and erosion control plan; and
e.
Description on how best management practices are incorporated in the
development.
2.
The site stormwater plan shall include:
a.
A site topographic map depicting both existing and proposed contours of the
entire site to be disturbed during development and all areas 100 feet beyond
the site or as required by the Director or the Administrator at a scale of at
least one inch equals 100 feet or less (e.g., one inch to 50 feet), with a
minimum contour interval of one foot with accuracy equal to 0.5 foot of elevation;
and
b.
A plan view drawing of all existing and proposed stormwater facilities
features, at the same scale as the site topographic map, including all of the
following:
(1)
Boundaries for watersheds tributary to all significant stormwater facilities
(i.e., channels, bridges, inlets, and the like), along with the location of
such facilities; and (2) Major and minor stormwater systems (i.e., storm water
pipes, culverts, inlets, and storage and infiltration facilities, and flooding
limits under base flood conditions for the major stormwater system); and
(3)
Roadways, structures, parking lots, driveways, sidewalks, and other impervious
surfaces; and
(4)
The nearest base flood elevations; and
c.
Design details for all proposed stormwater facilities (i.e., major and minor
stormwater systems, storage basins, and outlet works, and the like); and
d.
A scheduled maintenance program for the stormwater facilities, including:
(1)
Planned maintenance tasks; and
(2)
Identification of the person or persons responsible for performing the
maintenance tasks as required by Section 15-180 of this Ordinance; and
(3)
A description of the permanent public access maintenance easements granted or
dedicated to, and accepted by, a governmental entity; and
e.
A schedule of implementation of the site stormwater plan; and
f.
Upon completion of development, record drawings of the site stormwater plan
shall be submitted to the Director or the Administrator. Such drawings shall be
prepared, signed, and sealed by a land surveyor or professional engineer and
shall include calculations showing the as-built’ volume of compensatory and
site runoff storage.
3.
The site runoff calculations shall include:
a.
Profile drawings of the major and minor stormwater systems, including cross
section data for open channels, showing the hydraulic grade line and water
surface elevation under the design and base flood condition; and
b.
Documentation identifying the procedures, assumptions, and data used to
calculate hydrologic and hydraulic conditions for sizing both major and minor
stormwater systems.
4.
The site runoff storage calculations shall include:
a.
Documentation identify the procedures, assumptions, and data used to calculate
hydrologic and hydraulic conditions and to determine the allowable release rate
and related storage volume; and
b.
Elevation-area-storage and elevation-discharge data for storage systems.
5.
Information describing the off-site conditions shall include sufficient
information to allow evaluation of off-site impacts to and resulting from the
proposed development. Such information shall include:
a.
A vicinity topographic map coveting the entire upstream watershed that drains
to or through the site and the entire watershed downstream to the point of
known or assumed discharge and water surface elevation; and
b.
A plan view drawing of existing arid proposed stormwater facilities, at the
same scale as the vicinity topographic map, including:
(1)
Watershed boundaries for areas draining through or from the development; and
(2)
The location of the development within the water shed planning area; and
(3)
Soil types, vegetation, and land cover conditions affecting runoff upstream of
the development site for any area draining through or to the site.
PROPOSED ORDINANCE continued
ITEM #6 cont’d
6.
The sediment and erosion control plan shall conform with the requirements of
Section 15-116 of this Ordinance. The sediment and erosion control plan shall
include:
a.
A plan and schedule for construction, including site clearing and grading,
placement and maintenance of soil stabilization controls, and sediment trapping
facilities; and
b.
A description of the development, including existing site land cover and
hydrologic conditions, adjacent areas, soil types, permanent and temporary
sediment and erosion control measures, maintenance requirements, and
calculations; and
c.
Plan view drawings of existing and proposed site conditions, at the same scale
as the site stormwater plan, including:
(1)
Existing contours with drainage patterns and watershed boundaries; and
(2)
Soil types, vegetation, and land cover conditions; and
(3)
Limits of clearing and grading plans; and
(4)
Final contours with locations of drainage ways and sediment and erosion control
measures; and
d.
Design details for proposed sediment and erosion control facilities; and
e.
A copy of the written opinion, when applicable, of the Soil and Water
Conservation District required under 70 i 405/22.02 (1992); and
f.
Evidence that the sediment and erosion control installation and maintenance
requirements, including both a list of maintenance tasks and a performance
schedule, are identified and required in the plans and specifications.
7.
Information describing how best management practices are incorporated into the
site design. Such information shall include:
a.
A description of best management practices that are incorporated into the site
design and how they will function. Include applicable design criteria such as
soil
type,
vegetation, and land cover conditions draining to the best management practice
along with appropriate calculations; and
b.
A description of the maintenance requirements.
Sec. 15-150. Flood Plain Submittal.
The
flood plain submittal shall include:
1.
A delineation of the pre- and post-development regulatory flood plain and
regulatory floodway consistent with the requirements of Section 15-132 of this
Ordinance; and
2.
Calculations necessary for meeting the requirements of Sections 15-132 and
15-133 of this Ordinance; and
3.
Topographic survey drawings of all structures located on or near the site,
showing all structures including the lowest floor, point of entry, and flood
proofing elevations. This survey shall be prepared, signed and sealed by a land
surveyor or professional engineer.
Sec. 15-151. Wetland Submittal.
The
wetland submittal shall include:
1.
A delineation of the wetlands consistent with the requirements for wetland
delineation provided in Section 15-134 of this Ordinance; and
2.
A characterization of the wetlands as either critical or regulatory; and
3.
A mitigation plan meeting the requirements of Section 15-135 of this Ordinance;
and
4.
A plan for the continued management, operation, and maintenance of the
mitigation measures, including the designation of the person or persons
responsible for long term operation and maintenance and dedicated funding
sources.
Sec. 15-152. Riparian Environment Submittal.
The
riparian environment submittal shall include:
1.
A inventory of the functions of the riparian environments consistent with the
requirements for riparian environments delineation provided in Subsection
15-137.2 of this Ordinance; and
PROPOSED ORDINANCE continued
ITEM #6 cont’d
2.
A mitigation plan meeting the requirements of Section 15- 137 of this
Ordinance; and
3.
A plan for continued management, operation, and maintenance of the mitigation
measures, including designation of the person or persons responsible for long
term operational management and dedicated funding sources.
Sec. 15-153. Permit Fees.
1.
A review and inspection fee schedule for Stormwater Management Permits in
non-waiver communities, and in special management areas for partial waiver
communities, is attached to this Ordinance as Schedule A and by this reference
incorporated into this Ordinance.
2.
All permit review and inspection fees for development in non- waiver
communities, and in special management areas in partial waiver communities,
shall be payable to the Stormwater Management Commission.
3.
Waiver communities may set permit review and inspection fees for developments
within their jurisdictions.
Sec. 15-154. Duration and Revision to Permits.
1.
Permits expire December 31 of the third year following the date of permit
issuance.
2.
If the permitted activity has been started but is not completed by the
expiration date of the permit, and the permittee intends to pursue the
permitted activity, then the permittee may submit a written request that the
expiration date be extended. Upon receipt of such request, the Director or the
Administrator may extend the expiration date in maximum increments of three
years for permitted activities outside special management areas. Expiration
dates for permitted activities in special management areas may be extended in
maximum three year increments provided the activity is in compliance with the then
current requirements of this Ordinance or the applicable waiver community
ordinance.
3.
If, after permit issuance, the permittee decides to revise the approved plans,
the permittee shall submit revised plans to the Director or the Administrator,
along with a written request for approval. If the Director or the Administrator
determines that the revised plans are in compliance with the then current
requirements of this Ordinance or the applicable waiver community ordinance, an
approval of the revised plans will be issued.
Sec. 15-155. through 15-165. Reserved.
ARTICLE 12. PROHIBITED ACTS.
Sec. 15-166. Prohibited Acts.
1.
It shall be unlawful for any person to undertake any development within the
County or a waiver community without first securing a Stormwater Management
Permit as required by this Ordinance or the applicable waiver community
ordinance.
2.
It shall be unlawful for any person to violate, disobey, omit, neglect, or
refuse to comply with, or to resist enforcement of, any provision of this
Ordinance or the applicable waiver community ordinance or any condition of a
Stormwater Management Permit required by this Ordinance or the waiver community
ordinance.
Sec. 15-167. Prosecution of Violations.
Upon
finding the existence of any violation of this Ordinance or a waiver community
ordinance, the Director or the Administrator shall have the authority and duty
to take or direct all actions necessary or appropriate to abate and redress
such violation. The Director or the Administrator shall also initiate
proceedings, as necessary, to enforce this Ordinance or the waiver community
ordinance.
Sec. 15-168. through 15-175. Reserved.
PROPOSED ORDINANCE continued
ITEM #6 cont’d
ARTICLE 13. PERFORMANCE SECURITY.
Sec. 15-176. General Security Requirements.
1.
As security to the County or the waiver community for the performance by the
developer of the developer’s obligations to complete the construction of any
stormwater facilities required by the Stormwater Management Permit, to pay all
costs, fees, and charges due from the developer pursuant to this Ordinance or
the applicable waiver community ordinance, and to otherwise faithfully perform
the developer’s undertakings pursuant to this Ordinance or the applicable
waiver community ordinance, the developer shall, prior to issuance of a
Stormwater Management Permit:
a.
Post a development security as provided in Section 15-177 of this Ordinance;
and
b.
Post a sediment and erosion control security as provided in Section 15-178 of
this Ordinance, if a sediment and erosion control plan is required pursuant to
Section 15-149 of this Ordinance.
2.
The developer shall bear the full cost of securing and maintaining the
securities required by this Section 15-176.
Sec. 15-177. Development Security.
1.
A development security shall be posted and shall include:
a.
A schedule, agreed upon by the developer and the Director or the Administrator,
for the completion of the construction of any stormwater facilities required by
the permit; and
b.
An irrevocable letter of credit, or such other adequate security as the
Director or the Administrator may approve, in an amount equal to not less than
one hundred ten percent (110%) of the estimated probable cost to complete the
construction of any stormwater facilities required by the Stormwater Management
Permit, which estimated probable cost shall be approved by the Director or the
Administrator; and
c.
A statement signed by the applicant granting the Director or the Administrator
the right to draw on the security and the right to enter the development site
to complete required work in the event that work is not completed according to
the work schedule; and
d.
A statement signed by the applicant that the applicant shall indemnify the
community and the Stormwater Management Commission for any additional costs
incurred attributable to concurrent activities of or conflicts between the
applicant’s contractor and the community’s or the Stormwater Management
Commission remedial contractor at the site.
2.
The security required by this Section 15-177 shall be maintained and renewed by
the applicant, and shall be held in escrow by the Director or the Administrator
until the conditions set forth in this Section 15-177 or other applicable
provision are satisfied.
3.
After approval of record drawings and final inspection by the Director or the
Administrator, not more than ninety percent (90%) of the security provided for
in this Section 15-177 or other applicable provision may be released. A minimum
of ten percent (10%) of the security shall be retained for a period of time not
to exceed:
a.
One year after completion of construction of all stormwater facilities required
by the permit if the development involves no wetland mitigation; or
b.
Five years after completion of construction of all stormwater facilities
required by the permit if the development involves wetland mitigation.
Sec. 15-178. Sediment and Erosion Control Security.
1.
If a sediment and erosion control plan is required pursuant to Section 15-149
of this Ordinance, then a sediment and erosion control security shall be
required. Such a security shall include:
a.
An irrevocable letter of credit, or such other adequate security as the
Director or the Administrator shall approve, in an amount equal to not less
than one hundred ten percent (110%) of the estimated probable cost to install
and maintain the sediment and erosion control measures, which estimated
probable cost shall be approved by the Director or the Administrator; and
b.
A statement signed by the applicant granting the Director or the Administrator,
as applicable, the right to draw on the security and the right to enter the
development site to complete sediment and erosion control measures in the event
that such measures are not installed and maintained according to the established
schedule.
2.
The security required by this Section 15-178 shall be maintained and renewed by
the applicant, and shall be held in escrow by the Director or the
Administrator, as applicable, until the conditions set forth in this Section
15-178 are satisfied.
PROPOSED ORDINANCE continued
ITEM #6 cont’d
3.
After establishment of vegetation, removal of all sediment from stormwater
facilities, and final inspection and approval by the Director or the
Administrator, as applicable, one hundred percent (100%) of the sediment and
erosion control security shall be released.
Sec. 15-179. Letters of Credit.
1.
Letters of credit posted pursuant to Sections 15-176, 15-177, and 15-178 of
this Ordinance shall be in a font satisfactory to the Director or the Administrator,
as app lie able
2.
Each letter of credit shall be from a lending institution: (a) acceptable to
the Director or the Administrator, as applicable, (b) having capital resources
of at least ten million dollars ($10,000,000), or such other amount acceptable
to the Director or the Administrator; (c) with an office in the Chicago
Metropolitan Area; and, (d) insured by the Federal Deposit Insurance
Corporation.
3.
Each letter of credit shall, at a minimum, provide that:
a.
It shall not be canceled without the prior written consent of the Director or
the Administrator, and
b.
It shall not require the consent of the developer prior to any draw on it by
the Director or the Administrator; and
c.
If at any time it will expire within 45 or any lesser number of days, and if it
has not been renewed, and if any applicable obligation of the developer for
which its security remains uncompleted or is unsatisfactory, then the Director
or the Administrator may, without notice and without being required to take any
further action of any nature whatsoever, call and thaw down the letter of
credit and thereafter either hold all proceeds as security for the satisfactory
completion of all such obligations or employ the proceeds to complete all such
obligations and reimburse the County or the waiver community for any and all
costs and expenses, including legal fees and administrative costs, incurred by
the County or the waiver community, as the Director or the Administrator shall
determine.
4.
If at any time the Director or the Administrator determines that the funds
remaining in the letter of credit are not, or may not be, sufficient to pay in
full the remaining unpaid cost of all stormwater facility construction or
sediment and erosion control measures, then, within ten (10) days following a
demand by the Director or the Administrator, the developer shall increase the
amount of the letter of credit to an amount determined by the Director or the
Administrator to be sufficient to pay such unpaid costs. Failure to so increase
the amount of the security shall be grounds for the Director or the
Administrator to draw down the entire remaining balance of the letter of
credit.
5.
If at any time the Director or the Administrator determines that the bank
issuing the letter of credit is without capital resources of at least ten
million dollars ($10,000,000), is unable to meet any federal or state
requirement for reserves, is insolvent, is in danger of becoming any of the
foregoing, or is otherwise in danger of being unable to honor such letter of
credit at any time during its term, or if the Director or the Administrator
otherwise reasonably deems the bank to be insecure, then the Director or the
Administrator shall have the right to demand that the developer provide a
replacement letter of credit from a bank satisfactory to the Director or the
Administrator. Such replacement letter of credit shall be deposited with the
Director or the Administrator not later than ten (10) days following such
demand. Upon such deposit, the Director or the Administrator shall surrender
the original letter of credit to the developer.
6.
If the developer t or refuses to meet fully any of its obligations under this
Ordinance or the applicable waiver community ordinance, then the Director or
the Administrator may, in his or her discretion, draw on and retain all or any
of the funds remaining in the letter of credit. The Director or the
Administrator thereafter shall have the right to take any action he or she
deems reasonable and appropriate to mitigate the effects of such failure or
refusal, and to reimburse the County or the waiver community from the proceeds
of the letter of credit for all of its costs and expenses, including legal fees
and administrative expenses, resulting from or incurred as a result of the
developers failure or refusal to fully meet its obligations under this
Ordinance or the applicable waiver community ordinance. If the funds remaining
in the letter of credit are insufficient to repay filly the County or the
waiver community for all such costs and expenses, and to maintain a cash
reserve equal to the required letter of credit during the entire time such
letter of credit should have been maintained by the developer, then the
developer shall, upon demand of the Director or the Administrator therefore,
immediately deposit with the Director or the Administrator such additional
funds as the Director or the Administrator determines are necessary to fully
repay such costs and expenses and to establish such cash reserve.
PROPOSED ORDINANCE continued
ITEM #6 cont’d
Sec. 15-180. Long-Term Maintenance.
Subdivision
site runoff storage areas, and stormwater facilities not located in dedicated
rights-of- way, shall be granted or dedicated to and accepted by a public
entity, or shall be conveyed by plat as undivided equal interests to each lot
in the subdivision or to dedicated entities approved by the Director or the
Administrator. Included in the dedication shall be a plan for continued
management, operation, and maintenance of the stormwater facility, including
designation of the person or persons responsible for long term operational
management and dedicated funding sources.
1.
If title to the land underlying site runoff storage areas and stormwater
facilities is conveyed by agreement to each of the lots in the subdivision,
then:
a.
A covenant on the face of the plat shall be provided; and
b.
Subdivision property owners shall establish a property owner’s association to
provide for the maintenance of site runoff storage areas and stormwater facilities.
The association shall be duly incorporated and the property owners association
agreement shall be recorded for all the lots in that subdivision; and
c.
The proposed property owners association by-laws and declaration shall provide
for a long term maintenance agreement establishing:
(1)
Title to the site runoff storage areas and storm water facilities to assure
that each lot owner is responsible for a share of the cost of maintenance; and
(2)
Payment of real estate property taxes for such areas to assure that site runoff
storage areas and stormwater facilities are not sold to satisfy delinquent
taxes; and
(3)
Methods of perpetual maintenance, to assure that the standards of the plan for
the site runoff storage areas and stormwater facilities are met. Maintenance
methods shall be approved by the Director or the Administrator.
2.
if title to land underlying the site runoff storage areas and stormwater
facilities is conveyed by the plat to a public entity, then:
a.
The face of the plat shall provide, if necessary, that an easement for public
access for construction and maintenance purposes is reserved to the public
entity; and
b.
The public entity shall accept the dedication of the site runoff storage areas
and stormwater facilities and provide for their perpetual maintenance,
including capital expenses for repair and replacement.
3.
If title to the land underlying the site runoff storage areas and stormwater
facilities is conveyed by the plat to the owner of the land, then:
a.
The face of the plat shall provide an easement for access and maintenance
purposes is reserved to the governmental unit having local jurisdiction over
the stormwater management plan for the area in which the property is located;
and
b.
The face of the plat shall provide the maintenance responsibilities including
the schedule of perpetual maintenance, repair and replacement and
c.
The face of the plat shall stipulate an agreed right of the governmental unit
having local jurisdiction over the stormwater management plan for the area in which
the property is located to come onto the property upon thirty (30) days written
notice to correct any condition which causes the site runoff storage area not
to function as hydraulically and hydrologically planned; and to demand payment
for such costs or to place a lien against the property for the value of those
costs.
Sec. 15-181. through 15-195. Reserved.
ARTICLE 14. ENFORCEMENT AND PENALTIES.
Sec. 15-196. Inspection and Maintenance Authority.
1.
Pursuant to the authority granted by 55 ILCS 5/5-1104 & 5-1062 (1992), the
County or a waiver community may, after thirty (30) days written notice to the
owner or occupant, enter upon any lands or waters within the County for the
purpose of inspecting or maintaining stormwater facilities or causing the removal
of any obstruction to an affected watercourse.
2.
The Director or the Administrator shall post the notice in a prominent place on
the premises, and shall send by certified mail a copy of the notice to the
property owner listed in the County property tax records. The notice shall:
a.
State the method by which the stormwater facility will be cleaned or
maintained; and
b.
State the date upon which the proposed work will begin; and
c.
Inform the property owner that the property owner may appeal the commencement
date of the proposed maintenance work.
PROPOSED ORDINANCE continued
ITEM #6 cont’d
Sec. 15-197. Required Inspections.
1.
Any development constructed pursuant to a Stormwater Management Permit shall be
subject to periodic inspections by the Director or the Administrator to ensure
conformity with permit provisions and conditions.
2.
Unless otherwise provided by a valid and enforceable intergovernmental
agreement, the Department shall inspect and monitor the construction and
maintenance of mitigation measures prepared pursuant to Section 15-135 of this
Ordinance for all mitigated wetlands authorized by a Stormwater Management
Permit in a non-waiver or partial waiver community.
Sec. 15-198. Notice of Violations.
Whenever
the Director or the Administrator determines that a violation of a permit
exists, the Department or the Oversight Committee shall issue a notice of
violation to the owner, developer, or person in control by posting a copy of
the notice on the subject parcel and by mailing the notice to the owner,
developer, or person in control. Such notice shall state the nature of the
alleged violation and shall fix a date not less than ten (10) days after the
date of the notice when the parcel or development will be re-inspected. If the
condition is not corrected upon re-inspection, then, in addition to other
remedies, the proper authorities of the County or the waiver community may
institute any appropriate action or proceedings in the circuit court to
restrain, correct, or abate such violation.
Sec. 15-199. Revocation of Permits.
The
Director or the Administrator may revoke a Stormwater Management Permit under
any of the following circumstances:
1.
When the application, plans, or other supporting documents required by this
Ordinance or the waiver community ordinance reflect a false statement or
misrepresentation as to material fact; or
2.
When the permit holder fails to post or maintain security, execute covenants,
or dedicate easements as required; or
3.
Any violation of any relevant local, State, or Federal requirement.
Sec. 15-200. Stop-Work Order.
1.
The Director or the Administrator, upon discovery of the existence of any of
the circumstances established in Subsection 15-200.2 of this Ordinance, is
authorized to issue an order requiring the suspension of the subject
development. Such stop-work order shall be in writing, shall indicate the
reason for its issuance, and shall order the action, if any, necessary to
resolve the circumstances requiting the stop-work order. One copy of the stop-work
order shall be posted on the property in a conspicuous place and one copy shall
be delivered by mail or by personal delivery to the permit holder and to the
owner of the property or his or her agent. The stop-work order shall state the
conditions under which the subject development may be resumed.
2.
A stop-work order shall be issued if the governmental unit having jurisdiction
over Stormwater Management in that area is aware that:
a.
Development is proceeding in a manner which creates imminent hazard of severe
harm to persons or property on or off the site; or
b.
Development has been accomplished in violation of a requirement of this
Ordinance, or the waiver community ordinance, or a Stormwater Management
Permit, or any other applicable law or regulation, and a period of longer than
fifteen (15) calendar days has elapsed since written notice of the violation or
noncompliance was posted on the property in a conspicuous place or given to the
person conducting the development without the violation or noncompliance being
corrected; or
c.
Development for which a Stormwater Management Permit is required is proceeding
without issuance of a Stormwater Management Permit. In such instance, the
stop-work order shall indicate that the effect of the order terminates when the
required Stormwater Management Permit is properly obtained.
Sec. 15-201. Fines.
1.
Any person who violates, disobeys, omits, neglects, or refuses to comply with,
or who resists enforcement of, any provision of this Ordinance, the applicable
waiver community ordinance, or any condition in any permit issued pursuant to
this Ordinance or a waiver community ordinance, shall be subject to a fine not
in excess of seven hundred and fifty ($750) for each offense. Each calendar day
a violation continues to exist shall constitute a separate offense.
PROPOSED ORDINANCE continued
ITEM #6 cont’d
2.
For the purposes of this Section 15-201, the owner, any occupant, or the
developer and any contractor doing development work on the land shall be
jointly and severally liable for any violation of this Ordinance or the waiver
community ordinance.
3.
The Committee or, in a full waiver community, the Oversight Committee shall
request its appropriate legal counsel to prosecute such action as a petty
offense pursuant to 730 i 515-1-17 (1992); as hereafter amended; or according
to other appropriate authority in law or in equity.
Sec. 15-202. Additional Remedies for Special Flood Hazard
Areas.
Pursuant
to 55 ILCS 5 (1992), upon the unauthorized excavation or filling of a special
flood hazard area in an unincorporated area of the county, by any person, the
County may petition the circuit court for an order to remove the fill and
restore the parcel to its natural elevation in order to lessen or avoid the
imminent threat to public health, safety, or welfare and damage to property
resulting from the accumulation or runoff of stormwater or floodwater.
a.
When, after a diligent search, the identity or whereabouts of the owner of any
such parcel, including lien holders of record, are not ascertainable, notice
mailed to the person in whose name the real estate was last assessed for taxes,
constitutes sufficient notice under this Section 15-202.
b.
The cost of removal of fill and restoration incurred by the County shall be
recoverable from the owner of such real estate and shall be a lien against the
property.
c.
Such lien shall be superior to all other prior existing liens and encumbrances,
except taxes; provided that within sixty (60) days after such removal of fill
or restoration of the parcel to its natural elevation, the
d.
Such notice shall include a sworn statement setting out:
(1)
A description of the real estate sufficient for identification thereof and
(2)
The amount of money representing the cost and expense incurred; and
(3)
The date on which the cost was incurred.
e.
Such lien may be enforced by proceedings of foreclosure as in the case of
mortgages or mechanics’ liens, which action shall be commenced within three
years after the date of filing of the notice of lien.
f.
Upon payment of the costs and expenses by the owner or persons interested in
the property, the lien shall be released by the County or the waiver community
and the release may be filed of record.
2.
Each waiver community shall utilize all available means at law or in equity to
enforce the Special Flood Hazard Area provisions of its applicable ordinance.
Sec. 15-203. Legal and Equitable Relief
In
the enforcement of this Ordinance or the applicable waiver community ordinance,
the Director or the Administrator shall have the authority to institute, or
cause to be instituted, in the name of the County or the waiver community, any
and all actions, legal or equitable, including appeals, that are required for
the enforcement of this Ordinance or the applicable waiver community ordinance.
Sec. 15-204. Injunctive Relief.
In
circumstances of substantial danger to the environment, to the public health
and welfare, or to the livelihood of any person, the Director or the
Administrator shall have the authority to cause to be instituted a civil action
for an immediate injunction to halt any discharge or other activity causing or
contributing to the danger, or to require such other action as may be
necessary.
ARTICLE 15. APPEALS.
Sec. 15-226. Right to Appeal.
1.
Any person directly aggrieved by any decision, order, requirement, or
determination of the Director or the Administrator made pursuant to an
interpretation of this Ordinance or the applicable community ordinance shall
have the right to appeal such action directly to the Stormwater Management
Commission or the Oversight Committee; provided, however, that all decisions
made by the Director or the Administrator pursuant to Article 14 of this
Ordinance shall be deemed final and not appeasable, except as otherwise
specifically provided in Subsection 15-196.2 of Article 14.
PROPOSED ORDINANCE continued
ITEM #6 cont’d
2.
Every applicant for an appeal shall notify the Commission or the Oversight
Committee in writing of the decision being appealed, which notice shall include
a short, plain statement containing the reasons why the decision is being
appealed and how the applicant has been directly aggrieved by the action taken.
3.
Upon receipt of such a notice of appeal, the Commission or the Oversight
Committee shall set a date for a public hearing before the Commission or the
Oversight Committee. Such public hearing shall commence not fewer than fourteen
(14) days nor more than thirty (30) days after the date on which a properly
prepared notice of appeal was received. The applicant shall be promptly
notified of the public heating date.
4.
A public hearing shall be set, noticed, and conducted by the Commission in
accordance with the provisions of Section 15 of this Ordinance.
5.
The Commission or the Oversight Committee shall decide the appeal within sixty
(60) days after the conclusion of the public heating. All decisions on appeals
shall be in writing and shall include a statement of the reasons for the
decision. The failure of the Commission or the Oversight Committee to act
within sixty (60) days shall be deemed to be a decision denying the appeal.
6.
The applicant may appeal the decision of the Commission to the
7.
Within thirty-five (35) days after receipt of a properly prepaid and filed
notice of appeal, the
8.
The decision of the
Sec. 15-227. through 15-235. Reserved
ARTICLE 16. VARIANCES.
Sec. 15-236. Authority; Applications; Standards.
1.
The County Board in non-waiver communities or the corporate authorities of the
waiver community shall have the authority to grant variances from the
requirements of this Ordinance, but only in compliance with the procedures set
forth in this Section 15-236.
2.
The variance procedure is intended to provide a narrowly circumscribed means by
which relief may be granted to allow development when the requirements of this
Ordinance or the applicable waiver community ordinance place an undue and
particular hardship on a specific developer.
3.
Variance petitions may be filed either by the owner or by the developer of land
specified in the application.
4.
The petition for a variance shall accompany or follow an application for a
Stormwater Management Permit including all necessary submittals.
5.
All variance petitions filed pursuant to this Section 15-236 Shall be filed
with the Director or the Administrator.
6.
An variance petitions filed pursuant to this Section 15-236 shall be on forms
supplied by the Director or the Administrator and shall be filed in such number
of duplicate copies as the Director or the Administrator may designate by
administrative order.
7.
Every variance petition filed pursuant to this Section 15-236 shall provide the
following information:
a.
The owner’s or developer’s signed consent to the filing of the petition; and
PROPOSED ORDINANCE continued
ITEM #6 cont’d
b.
The names and addresses of all professional consultants, if any, advising the
petitioner with respect to the petition; and
c.
The name and address and the nature and extent of any economic or family
interest of any officer or employee of the County in non-waiver communities, or
the local municipality in a waiver community, as to: the owner, the petitioner,
or the subject property or development; and
d.
The addresses and legal description of the subject property or development; and
e.
The specific feature or features of the proposed construction or development
that require a variance; and
f.
The specific provision of this Ordinance or the waiver community ordinance from
which a variance is sought and the precise variation there from being sought;
and
g.
A statement of the characteristics of the subject property or development that
prevent compliance with the provisions of this Ordinance or the waiver
community ordinance; and
h
A statement of the minimum variance of the provisions of this Ordinance or the
waiver community ordinance that would be necessary to permit the proposed
construction or development; and
i.
A statement of how the variance sought satisfies the standards set forth in
Subsection 15-236.10 of this Ordinance.
8.
No public hearing will be scheduled on a variance petition unless the petition
is filed in proper form and number and contains all required information.
9.
Whenever supplemental data in connection with a previously filed variance
petition is required or offered by the applicant, it shall be submitted at
least five (5) days prior to the date on which it is to be considered at a
hearing or acted upon in connection with such petition. The filing of such data
shall, in the discretion of the body hearing the petition, be cause to delay a
requested or scheduled hearing date.
10.
The Commission or the Oversight Committee shall consider, and the County Board
or the corporate authorities of the waiver community may grant, such petition
for a variance only when it is consistent with the general purpose and intent
of this Ordinance or the waiver community ordinance and when the development
meets the requirements specified in Section 15-112 of this Ordinance as well as
the following conditions:
a.
Granting the variance shall not alter the essential character of the area
involved, including existing stream uses; and
b.
Carrying out the strict letter of the provisions of this Ordinance or the
waiver community ordinance would create an undue or particular hardship or
difficulty on a specific developer or owner; and
c.
The relief requested is the minimum necessary and there are no means other than
the requested variance by which the alleged hardship can be avoided or remedied
to a degree sufficient to permit the reasonable continuation of the
development; and
d.
The applicant’s circumstances are unique and do not represent a general
condition or problem; and
e.
The subject development is exceptional as compared to other developments
subject to the same provision; and
f.
A development proposed for a special management area could not be constructed
if it were limited to areas outside the special management area.
11.
No variance shall be granted for any development in the regulatory floodway,
regulatory wetlands, and critical wetlands from any provision of this Ordinance
or a waiver community ordinance the effect of which variance would be to create
regulation less restrictive or stringent than federal and/or state required
minimum standards for development in such areas. Subject to this standard, a
variance may be granted in accordance with this Section 15-236 from provisions
of this Ordinance or a waiver community ordinance more restrictive or stringent
than the federal and/or state required minimum standards for development in
such areas.
12.
When a variance from the requirements of this Ordinance or the waiver community
ordinance would lessen the degree of protection to a structure, the Director or
the Administrator shall notify the applicant that the variance, if granted, may
result in increased rates for flood insurance.
13.
The Director or the Administrator shall give written notice of any variance
petition, including the date and time of the public hearing, to the Commission,
the Director, and all watershed planning area community Administrators. Such
notice shall be sent no less than twenty-one (21) days in advance of the date
of the public hearing by regular
PROPOSED ORDINANCE continued
ITEM #6 cont’d
Sec. 15-237. Public Hearing Required.
A
public hearing shall be set, noticed, and conducted by the Commission or the
Oversight Committee in accordance with the provisions of Section 15-256 of this
Ordinance.
Sec. 15-238. Review and Recommendation.
1.
The Director or the Administrator shall review all requests or petitions for a
variance and shall present written findings of the review to the Commission or
the Oversight Committee.
2.
Within thirty-five (35) days after the close of the public hearing, the
Commission or the Oversight Committee shall make a written recommendation to
the
3.
The written recommendation of the Commission or the Oversight Committee whether
to grant or deny the requested variance shall be accompanied by written
findings of fact.
a.
To cross-examine all witnesses testifying in opposition to the application,
petition, or appeal.
b.
To examine and reproduce any documents produced at the hearing.
c.
To have subpoenas issued by the body in charge of the hearing as may be
provided by I law for persons to appear at the hearings and for examination of
documents by the person requesting the subpoena either before or during the
hearing, where such persons or documents are shown to have a substantial
evidentiary connection with:
(1)
The development to which the request applies; or
(2)
Facts that would support or negate the legal standards for granting or denying
the request or appeal.
d.
To a continuance, upon request, for the purpose of presenting evidence to rebut
evidence introduced by any other person.
ARTICLE 17. MISCELLANEOUS PROVISIONS
Sec. 15-256. through 15-260.
In
determining whether to grant or withhold such rights, the discretion of the
Commission, and the Oversight Committee, shall be governed by the goal of
securing all information and opinion relevant and material to its
deliberations. Such rights shall not be granted, however, when undue and
unwarranted delay would result or when to do so would tend to produce no new
evidence to aid the hearing body in reaching its decision.
1.
The Commission, and the Oversight Committee, may at any time, on its own motion
or at the request of any person, adjourn the hearing for a reasonable time and
to a fixed date, time, and place, for the purpose of giving further notice,
taking further evidence, gathering further information, deliberating further,
or for such other reason as the Commission, and the Oversight Committee, may
find sufficient. Proper notice of such a recess shall be given to all parties
to the hearing, and any other person designated by the Commission, and the
Oversight Committee.
2.
All testimony at every hearing shall be given under oath.
3.
Any person may at any time prior to the commencement of a hearing hereunder, or
during such hearing, or within such time as may be allowed by the Commission,
and the Oversight Committee, following such hearing, submit written statements
in support of or in opposition to the application, petition, or appeal being
heard.
4.
All other matters pertaining to the conduct of hearings shall be governed by
the provisions of this Ordinance or the waiver community ordinance pertaining
to, and the rules promulgated by, the Commission or the Oversight Committee.
5.
The record of the public hearing shall include:
a.
All notices and responses thereto; and
b.
A transcript or notes, if any, of all oral testimony received, the cost of
which transcription shall be the responsibility of the party requesting that
the record be transcribed, and all written information, if any, submitted by
parties or the public; and
c.
Any recommendation or report by the hearing body; and
d.
All Department memoranda or data submitted to the hearing body in connection
with its consideration of the subject matter of the hearing.
PROPOSED ORDINANCE continued
ITEM #6 cont’d
6.
The decision or recommendation of the Committee or the Oversight Committee
shall be in writing and shall include findings of fact specifying the reasons
for the decision. The copy of the written decision shall be provided to the
applicant or petitioner and transmitted to the
Sec. 15-257. Severability.
1.
The several provisions of this Ordinance or the waiver community ordinance
shall be severable in accordance with the following rules:
a.
If any court of competent jurisdiction shall adjudge any provision of this
Ordinance or the waiver community ordinance invalid, such judgment shall not
affect any other provisions of this Ordinance or the waiver community
ordinance.
b.
If any court of competent jurisdiction shall adjudge invalid the application of
any provision of this Ordinance, pr the waiver community ordinance, to a
particular parcel of land, a particular structure, or a particular development,
such judgment shall not affect the application of said provisions to any other
land, structure, or development.
2.
All such unaffected provisions of this Ordinance or the waiver community
ordinance shall remain in full force and effect.
Sec. 15-258. Most Restrictive Provisions Apply.
The
provisions of this Ordinance and all applicable waiver community ordinances
shall be interpreted to be cumulative of, and to impose limitations in addition
to, all other ordinances, laws, codes, and regulations in existence or which
may be passed governing any subject matter of this Ordinance or the waiver
community ordinances. To the greatest extent possible, the provisions of this
Ordinance and the waiver community ordinances shall be construed to be
consistent with, and not in conflict with, the provisions of such other
ordinances, laws, codes, and regulations, and with each other, to the end that
all such provisions may be given their fullest application.
This
Ordinance is intended to repeal the original ordinance or resolution which was
adopted to meet the National Flood Insurance Program regulations, but is not
intended to repeal any resolution which the applicable governmental entity
passed in order to establish initial eligibility for the National Flood Insurance
Program.
Sec. 15-259. Amendments.
This
Ordinance may be amended in accordance with the adopted rules of the Commission
and the Cook County Board. Amendments to this Ordinance shall only take effect
after a public hearing is held before the Commission and the amendment is
adopted by the Cook County Board.
Sec. 15-260. Effective Date.
This
Ordinance shall take effect for all purposes, and its effective date shall be, Month, date, year.
Sec. 15-261. through 15-265. Reserved.
_________________________
Commissioner Daley, seconded by Commissioner Peraica,
moved to suspend the rules so that this matter may be considered. The motion carried unanimously.
Commissioner Suffredin, seconded by Commissioner
Moreno, moved that the Proposed Ordinance be referred to the Committee on
Environmental Control. (Comm. No.
264724). The motion carried
unanimously.
PROPOSED RESOLUTION
ITEM #7
Submitting
a Proposed Resolution sponsored by
ANTHONY
J. PERAICA,
Co-Sponsored by
JOSEPH
MARIO
PROPOSED RESOLUTION
WHEREAS, Hepatitis B is an
inflammation of the liver which causes the liver to become swollen; and
PROPOSED RESOLUTION continued
ITEM #7 cont’d
WHEREAS, Hepatitis B is spread from
one person to another through bodily fluids, including blood, semen, and
vaginal fluids; it is not spread through casual contact; and
WHEREAS, in 1997, the state of
WHEREAS, Hepatitis B is not and has
never been considered a childhood illness.
There has never been a case of a child who contracted Hepatitis B from
another child at a school or anywhere else; and
WHEREAS, according to the Illinois
Department of Public Health, from 1992-1998, before the mandatory vaccination,
there were only 35 cases of Hepatitis B in
WHEREAS, according to the Vaccine
Address Center Reporting System (VACRS) data, between 1990 and 1998, there were
210 reports of adverse events in children 0-14 from the Hepatitis B vaccine
given by itself; 62 children went to the emergency room, 11 required
hospitalization, 2 were permanently disabled, and there were 5 deaths; and
WHEREAS, according to research
conducted by Merck & GlaxoSmithKline, the list of adverse reactions to the
vaccine includes multiple sclerosis, arthritis, encephalitis, seizures,
brain-swelling and lupus; and
WHEREAS, parents, who are charged
with giving informed consent are provided little of no information about the
possible adverse effects of the Hepatitis B vaccine; and
WHEREAS, the Association of American
Physicians and Surgeons opposes mandatory Hepatitis B childhood vaccinations in
the
WHEREAS, France suspended its
Hepatitis B Childhood vaccination program in 1998 due to a class action lawsuit
brought by 15,000 parents of injured children; and
WHEREAS, according to VACRS from
1999-2003, four cases of Hepatitis B were reported in children 0-14 years of
age and there were no deaths reported.
While during the same period, 382 cases of serious adverse events were
reported to VACRS following the Hepatitis B vaccination. Nine deaths occurred; and
WHEREAS, according to research
conducted by Merck & GlaxoSmithKline, the expected number of adverse
effects from the vaccine is 10 percent of children, while the expected number
of cases of Hepatitis B without any vaccination is less than one percent; and
WHEREAS,
the
efficacy of the vaccine for children has been called into question. The protection from the vaccination does not
last until they can actually contract it in their late teens and early
adulthood.
NOW,
THEREFORE, BE IT RESOLVED, that the Cook County Board of Commissioners, on behalf of the more than
five million residents of
That legislation is promoted
calling for the rescission of the mandate in
_________________________
Commissioner Daley, seconded by Commissioner Peraica,
moved to suspend the rules so that this matter may be considered. The motion carried unanimously.
Commissioner Peraica, seconded by Commissioner Moreno,
moved that the Proposed Resolution be referred to the Committee on Health and
Hospitals. (Comm. No. 264725). The motion carried unanimously.
CAPITAL PROGRAM ITEMS
ITEM #8
The following item was previously
approved by poll on March 18, 2004:
264402 OFFICE
OF CAPITAL PLANNING AND POLICY, by Michael E. LaMont, Director, transmitting a
Communication, dated
Transmitted
herewith for your approval is a request for authorization to enter into a
professional services contract with WILLIAM
E. BRAZLEY & ASSOCIATES, LTD. for design and construction
administration for the 4th floor
This
project provides for the relocation of the Real Estate and Tax Services
Department to the north half of the 4th floor.
The work includes complete renovation of approximately 15,000 square
feet of floor, walls, ceilings, lighting, and the MEP systems, and asbestos
abatement. The work is necessary in
order to provide more space for the Clerk’s operations and to provide easier
public access. Also, new telecommunications
wiring to ensure that the Clerk’s automated systems such as GIS mapping and a
new cashiering/accounting system can be supported.
It
is respectfully requested that this honorable body approve this request.
Estimated Fiscal Impact:
$150,000.00. Bond Issue (7000 Account).
Sufficient
funds have been appropriated to cover this request.
Note: This item was
referred to the Committee on Construction on
In
accordance with Rule 4-2(c), the vote on the poll taken of the Committee on
Construction on
_________________________
Commissioner Daley, seconded by Commissioner Peraica,
moved to suspend the rules so that this matter may be considered. The motion carried unanimously.
Commissioner
Sims, seconded by Commissioner Murphy, moved the ratification of the poll and
that the capital program item be approved.
The motion carried unanimously.
*
* * * *
ITEM #9
The following item was previously
approved by poll on March 18, 2004:
264403 OFFICE
OF CAPITAL PLANNING AND POLICY, by Michael E. LaMont, Director, transmitting a
Communication, dated
Transmitted
herewith for your approval is a request for authorization to enter into a
professional services contract with ROLF
JENSEN & ASSOCIATES for design and construction administration services
for the Countywide Fire and Life Safety System Upgrade Project - Package No. 2
at the Third and Fifth District courthouses.
It is respectfully requested that this honorable body approve this request.
This
project provides for the replacement of fire detection and alarm systems at
these two (2) courthouses. Also included
will be an exiting analysis of the facility.
This work is necessary to replace obsolete equipment and in order to
remain compliant with current building and life safety codes.
Estimated Fiscal Impact:
$405,400.00. Bond Issue (20000
Account).
Sufficient
funds have been appropriated to cover this request.
Note: This item
was referred to the Committee on Construction on
In
accordance with Rule 4-2(c), the vote on the poll taken of the Committee on
Construction on
CAPITAL PROGRAM ITEMS continued
ITEM #9 cont’d
_________________________
Commissioner Daley, seconded by Commissioner Peraica,
moved to suspend the rules so that this matter may be considered. The motion carried unanimously.
Commissioner
Sims, seconded by Commissioner Murphy, moved the ratification of the poll and
that the capital program item be approved.
The motion carried unanimously.
*
* * * *
ITEM #10
The following item was previously
approved by poll on March 18, 2004:
264404 OFFICE
OF CAPITAL PLANNING AND POLICY, by Michael E. LaMont, Director, transmitting a
Communication, dated
Transmitted
herewith for your approval is a request for authorization to enter into a
professional services contract with ENVIRONMENTAL
SYSTEMS DESIGN, INC. for design services for the Countywide Fire and Life
Safety System Upgrade Project - Package No. 3 at Provident Hospital of Cook
County and the Sengstacke Building. It
is respectfully requested that this honorable body approve this request.
This
project provides for the replacement of fire detection and alarm systems at the
hospital. Also included will be a
stairwell access control system. This
work is necessary to replace obsolete equipment and in order to remain in
compliance with current building and life safety codes.
Estimated Fiscal Impact:
$181,495.00. Bond Issue (20000 Account).
Sufficient
funds have been appropriated to cover this request.
Note: This item
was referred to the Committee on Construction on
In
accordance with Rule 4-2(c), the vote on the poll taken of the Committee on
Construction on
_________________________
Commissioner Daley, seconded by Commissioner Peraica,
moved to suspend the rules so that this matter may be considered. The motion carried unanimously.
Commissioner
Sims, seconded by Commissioner Murphy, moved the ratification of the poll and
that the capital program item be approved.
The motion carried unanimously.
REPORT OF THE COMMITTEE ON LEGISLATION
AND INTERGOVERNMENTAL RELATIONS
ITEM #11
REVISED
The
Honorable,
The
Board of Commissioners of
ATTENDANCE
Present: Chairman Suffredin, Vice Chairman
Silvestri, Commissioners Claypool, Collins, Daley, Gorman, Murphy, Peraica and
Sims (9)
Absent: None (0)
Also Present: Commissioner Goslin (1); Darlena Williams-Burnett - Chief Deputy
Recorder; Robert F. Hogan - Member of the Cook County Sheriff’s Merit Board;
Brandon Neese - Deputy, Cook County Clerk
REPORT OF THE COMMITTEE ON LEGISLATION
AND INTERGOVERNMENTAL RELATIONS
continued
ITEM #11 cont’d
Ladies and Gentlemen:
Your
Committee on Legislation and Intergovernmental Relations of the Board of
Commissioners of Cook County met pursuant to notice on
Your
Committee has considered the following items and upon adoption of this report,
the recommendations are as follows:
262776 COOK
COUNTY CLERK, David Orr, by Gary M. Rycyzyn, Director of Elections,
transmitting a Communication:
requesting authorization for the Purchasing Agent to
enter into a contract with MICHAEL
KRELOFF,
Reason: Mr.
Kreloff will act as a consultant to the office of the Clerk in respect to
initiatives in the Illinois Legislature and report on other introduced
legislation at all governmental levels that impacts on the
New federal and state laws require implementation of
provisional voting and a state wide voter registration file for 2004 all as a
run-up to substantial reinventing of
The office will handle a continuing need for efforts
to secure maximum financial support from the State of
Mr. Kreloff has over thirty (30) years of experience
in election law in
Estimated Fiscal Impact: $45,000.00.
Contract period:
*Referred to
the Committee on Legislation and Intergovernmental Relations on
Chairman
Suffredin gave a statement summarizing what Michael Kreloff did at the end of
the last legislative session.
Commissioner
Peraica asked whether Mr. Kreloff was involved in supervision of the Help
America Vote Act (HAVA) Bill implementation and obtaining funding under the
Federal mandate for the amendments that will be implemented not only in 2004
but also in 2005 and 2006 for the Cook County Clerk’s Office.
Brandon
Neese, Deputy, Cook County Clerk, responded in the negative. He stated that the
REPORT OF THE COMMITTEE ON LEGISLATION
AND INTERGOVERNMENTAL RELATIONS
continued
ITEM #11 cont’d
Commissioner
Peraica asked whether the Cook County Clerk’s Office anticipates Mr. Kreloff’s
annual contract to be continued from year to year indefinitely.
Mr.
Neese stated that it would depend on the Cook County Clerk’s Office’s needs,
and that it is hard to judge what the needs of the Cook County Clerk’s Office
will be in 2005 and 2006.
Commissioner
Peraica asked whether the Commissioners would be informed of any substantial
reinventing procedures for the 2005/2006 Illinois Election involving Mr.
Kreloff.
Mr.
Neese stated that he doesn’t anticipate any changes. Mr. Neese further stated that
Mr.
Neese also stated that Mr. Kreloff is the Cook County Clerk’s liaison with the
State Board of Elections which is implementing all of the regulations
associated with the state HAVA Bill.
Commissioner
Claypool asked whether there is a mandate to switch to electronic voting in the
next election.
Mr.
Neese stated that there is no mandate to switch to electronic voting, however,