In the administration of these provisions, the planning and development department shall, in all official actions related to land management, take cognizance of flood hazards and wetland conditions to the extent they are known. Nothing contained in this chapter is intended to supersede or modify the provisions of the Bartlett subdivision and PUD ordinance (title 11 of this code) and in particular chapter 8 thereof relating to stormwater and floodplain management, and the DuPage County countywide stormwater and floodplain ordinance, as amended, which is expressly incorporated therein (the "DuPage County regulations"), which have been adopted for the entire village and made applicable to unincorporated areas of DuPage, Cook and Kane Counties that are within the extraterritorial jurisdiction of the village or to property in said counties that may be annexed to the village. The following regulations and requirements to obtain a special use permit from the corporate authorities of the village after a public hearing before the Bartlett Planning and Zoning Commission are additional requirements above and beyond any other applicable federal, state or county laws, regulations, rules and ordinances, and the DuPage County regulations.
A. Definitions: The definitions set forth in article 2 of the DuPage County regulations as supplemented by ordinance 2008-79 are expressly incorporated herein by this reference. For purposes of interpreting this chapter only, if there is a conflict between the definitions set forth in the Bartlett building code or the Bartlett zoning ordinance and the definitions set forth in article 2 of the DuPage County regulations, as amended and supplemented by ordinance 2008-79, the DuPage County regulations, except as they are expressly amended and supplemented by ordinance 2008-79, shall be controlling.
B. Preparation Of Plans: The Bartlett Planning and Zoning Commission, when considering any amendment or revision to any portion of the comprehensive plan for the village, shall take the following into consideration:
1. Maintaining wetland areas in their natural conditions to avoid harm to the public associated with the loss of natural wetland values, and where this is not possible, encouraging uses such as agriculture and recreation.
2. Providing guidelines for the location of hazardous facilities or uses critically necessary to the functioning of the community outside of any wetland areas.
3. Identifying the base flood and historic flood elevations on public buildings and bridges, or at other prominent locations.
4. Other flood hazard mitigation techniques or floodplain management activities that could aid in the accomplishment of the purposes of the ordinance codified herein.
C. Review Of Development Plans And Activities: All plans for development activities to be undertaken by the village, other local governmental entities or public utilities, including those regulated by the Illinois commerce commission and private developers, subdividers and builders, which require a location within the special flood hazard area (SFHA) and/or wetland area shall be reviewed by the Bartlett Planning and Zoning Commission and the planning and development services department to ensure that they comply with the objectives and criteria of ordinance 2008-79. Where it is determined that any of these entities are exempt by federal or state enabling legislation from the regulations under the Bartlett building code, the Bartlett subdivision and PUD ordinance, including the DuPage County regulations which are incorporated therein, they shall not be required to obtain a special use permit; however, compliance with the purpose, intent and standards of ordinance 2008-79 is expected.
D. Permitted Uses: When permitted by the underlying zoning base district, the following uses shall be permitted within a special flood hazard area (SFHA) and/or wetland area, to the extent that they are not prohibited by any other law, regulation, rule, and ordinance or by the provisions of this code:
1. Normal maintenance of waterways, provided that such maintenance is limited to the removal of accumulated debris and the control of vegetation which can interfere with flows in the waterways. Materials removed shall be properly disposed of in a sanitary landfill or shall be placed in sites recommended by the zoning administrator as defined in the Bartlett zoning ordinance and approved by the corporate authorities.
2. Ordinary repairs, maintenance and nonstructural alterations may be made to any nonconforming building, structure or facility. For the purpose of this subsection, repairs shall include the replacement of storage tanks, septic tanks, and septic fields where health requirements or where the safety of operation of the building, structure or facility requires such replacement. Ordinary repairs shall not include the reconstruction of any nonconforming building, structure or facility which has been damaged or destroyed to the extent that the cost of restoration of such building, structure or facility to the condition immediately preceding such damage or destruction shall exceed fifty percent (50%) of the market value of the building, structure or facility.
3. Agricultural uses without permanent buildings, such as, but not limited to, general farming, pasture, grazing, outdoor plant nurseries, floriculture, apiculture, horticulture, viticulture, truck farming, forestry, sod farming and wild crop harvesting.
4. Private or public recreational uses such as golf courses, tennis courts, golf driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, camping grounds, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing area, hiking, horseback riding and bicycle riding.
5. Portions of industrial, business, institutional and residential uses such as natural area, lawns, gardens and unpaved play areas.
E. Uses Permitted Only By Special Use Permit: No special flood hazard area (SFHA) and/or wetland area shall be disturbed, reshaped, filled or otherwise affected by any of the following activities except by special use permit by the corporate authorities, and from the COE, or DuPage County stormwater management department, which will be required unless the village engineer determines that only a single permit is required and approves it and the issuance of all necessary and proper federal, state and county permits, and permits required by the agencies of said governmental entities with jurisdiction over such development activities.
1. Construction, reconstruction or placement of any structure or facility (excluding buildings) including, but not limited to, the following: highways, roads and bridges and appurtenances thereto; culverts, docks or dams or appurtenances thereto; construction or erection of railroads or other transportation facilities or public utilities, water lines, storm and/or sanitary sewer lines, levees, walls or bulkheads and appurtenances thereto; and signs and fences.
2. New buildings or structures (both residential and nonresidential) or additions and structural improvements to existing nonconforming buildings or structures, including the elevation of such building and structures above the flood protection elevation (FPE) and the floodproofing of such buildings or structures where the topography of the property within a special flood hazard area (SFHA) and/or wetland area must be altered, after compliance with sections 9-24-3 and 9-24-5 of this chapter.
3. Drilling, mining or excavation of lakes or ponds.
4. Channel relocation, channel deepening, filling, dredging, excavation, grading of any type or other nonagricultural alterations of the ground surface.
5. Any other excavation, filling, constructing or storage which might cause a change in the direction, height, or velocity of the flood or surface waters or wetland area, including, but not limited to, landfills. (Ord. 2014-46, 6-3-2014; amd. Ord. 2020-56, 6-16-2020; Ord. 2022-17, 3-15-2022)