11-18-030 Stormwater management plan – Required.

   Every Regulated Development shall at all times have in place a Plan approved by the City. In addition to such other requirements as the commissioner may set forth by regulation, the Plan shall include the following:

   (a)   Provisions for Stormwater Management:

      (1)   Rate Control. Stormwater Drainage Systems shall manage the peak rate of discharge from the Regulated Development, incorporating the maximum permissible release rate. Provided, however, that Developments that create an at-grade impervious surface of less than 7,500 substantially contiguous square feet and that directly discharge to waters shall not be subject to the rate control requirements of this subparagraph (a)(1).

      (2)   Volume Control. Stormwater drainage systems shall reduce the volume of runoff from a Regulated Development by one of the following measures:

         (A)   capture one-half inch of runoff from all impervious surfaces in accordance with volume control BMPs; or

         (B)   for Developments that do not directly discharge to waters or to a municipal separate storm sewer system, achieve a fifteen percent reduction in impervious surfaces from existing conditions.

   (b)   Provisions for sediment and erosion control.

   (c)   Provisions for operations and maintenance.

(Added Coun. J. 12-13-06, p. 95586, § 1)

11-18-040 Stormwater management plan – Exceptions.

   (a)   A Plan shall not be required for Residential Development.

   (b)   The volume control requirements of a Plan shall not apply to the following:

      (1)   Developments that do not directly discharge to waters or to a municipal separate storm sewer system and that will upon completion of development have less than fifteen percent impervious surfaces.

      (2)   Developments consisting of surfaces at an airport that are intended for aircraft operation.

      (3)   Developments taking place at any facility that is operating under a permit issued pursuant to the National Pollution Discharge Elimination System, 40 C.F.R. Part 122, as amended, for industrial or municipal discharges.

(Added Coun. J. 12-13-06, p. 95586, § 1)

11-18-050 Stormwater management plan – Submission, approval and compliance.

   (a)   The submission of the Plan required by this chapter shall be made by the Applicant to the building commissioner in such form(s) and format(s) as the commissioner may require. As part of the Plan submission, the Applicant shall provide such information regarding the site and its proposed uses as the application may require. The Plan submission shall be submitted as part of the sewer permit review process required by Chapter 11-16 of the Code. The building commissioner shall be the custodian of all such submissions.

   (b)   The Plan shall be valid only upon approval by the building commissioner.

   (c)   Before a Plan may be approved, the Applicant must certify to the building commissioner that the Applicant has met or will meet, in addition to the requirements of this chapter, all other city, county, state, and federal requirements related to floodplains, wetlands and water quality.

   (d)   Following Plan approval and completion of construction, the Owner shall provide to the building commissioner, in such time frame as established by regulation, as-built drawings of the Development in such form(s) and format(s) as the commissioner of water management may require. Consistent with applicable law, the building commissioner shall treat such as-built drawings as confidential trade secrets, and shall provide the Owner with a copy of any appeal, received by the building commissioner, of the building commissioner's notice of denial provided to a third party seeking inspection and copies of such drawings.

(Added Coun. J. 12-13-06, p. 95586, § 1; Amend Coun. J. 11-8-12, p. 38872, § 209)

11-18-060 Stormwater management plan – Amendment.

   A Regulated Development shall be developed, operated and maintained in compliance with its approved Plan until such time as the City approves an amendment or other modification of the Plan for that Regulated Development. The submission of a request for amendment shall be made to the building commissioner in such form(s) and format(s) as the commissioner of water management may require. The building commissioner shall review any request for amendment and shall notify the Applicant of the result of such review. An amendment may only be granted if the building commissioner determines that the amendment will not have a detrimental effect on the Plan.

(Added Coun. J. 12-13-06, p. 95586, § 1; Amend Coun. J. 11-8-12, p. 38872, § 210)

11-18-070 Change of ownership.

   (a)   Upon a change of ownership of a Regulated Development, each new Owner of the Regulated Development or any part thereof shall comply with the Plan approved for that Regulated Development until such time as the building commissioner approves an amendment or other modification of the Plan for that Development.

   (b)   A change of ownership of a Regulated Development shall not be considered to be an amendment. However, the Owner of a Regulated Development for which a Plan is required or has been approved shall notify each new Owner of the applicability of the Plan to the Regulated Development, and provide each new Owner with a copy of the Plan, before consummation of the sale of the Development. A violation of this subsection (b) shall be punishable by a fine of $500.00.

(Added Coun. J. 12-13-06, p. 95586, § 1; Amend Coun. J. 11-8-12, p. 38872, § 211)

11-18-080 Stormwater management plan – Fees.

   A non-refundable fee for review of a Plan submission or variance request shall be remitted to the building commissioner as part of the Plan submission or variance request. The fee for review of a Plan submission, or variance request based upon Section 11-18-090(b)(2), (3) or (4), shall be as follows:

   (a)   For Regulated Developments affecting less than 50,000 square feet – $1,000.00.

   (b)   For Regulated Developments affecting 50,000 or more square feet – $3,000.00.

   The fee for review of a variance request based upon Section 11-18-090(b)(1) shall be 50% greater than the amounts specified in (a) and (b) above.

   (c)   For amendments to a Plan submitted within one year of Plan approval, the fee shall be $350.00 per submission. For amendments submitted over one year after Plan approval, the fee shall be $500.00 per submission.

(Added Coun. J. 12-13-06, p. 95586, § 1; Amend Coun. J. 11-8-12, p. 38872, § 212)

11-18-090 Variance.

   (a)   Upon written petition of the Applicant demonstrating that exceptional circumstances exist, the commissioner may grant a variance, in whole or in part, from the requirements of Section 11-18-030. To the extent that the Applicant can comply with Section 11-18-030, the Applicant must do so.

   (b)   Exceptional circumstances justifying the application of this section shall exist only where the Applicant can clearly demonstrate, to the satisfaction of the commissioner, that one of the following four circumstances exists:

      (1)   The Applicant cannot comply with Section 11-18-030 because of the site's exceptional physical conditions or circumstances. To demonstrate that such conditions or circumstances exist, the Applicant must provide supporting documentation. At a minimum, the Applicant must show that the site is designed to minimize the peak rate of discharge and volume of stormwater from the Development. Such showing must include a BMP feasibility evaluation for each building, parking area, landscaped area and each other significant footprint at the site. The evaluation must include all necessary technical computations and analyses (examples include engineering, architectural and horticultural analyses) to assess fully the applicability of pertinent BMPs and the extent to which they can be applied to comply with Section 11-18-030.

      (2)   The Applicant cannot comply with Section 11-18-030 without causing a public nuisance.

      (3)   The Applicant cannot comply with Section 11-18-030 without violating the Building Code or the Fire Code, as those terms are defined in Section 1-4-090 of the code, or a state or federal law.

      (4)   The Regulated Development is a registered landmark and compliance with Section 11-18-030 would violate the Regulated Development's landmark status.

   (c)   Applications for a variance shall be in a form prescribed by the commissioner. All applications for a variance shall bear the notarized signature and certification of a professional architect, engineer or geologist licensed in the State of Illinois.

   (d)   In applying for a variance, an Applicant may propose, and the commissioner may consider, alternative measures to accomplish the stormwater management goals of this chapter.

(Added Coun. J. 12-13-06, p. 95586, § 1)

11-18-100 Site inspections.

   To enable the commissioner, or his designee, to monitor compliance with this chapter, the Owner shall permit access during reasonable hours to those areas of a Regulated Development affected by the Plan.

(Added Coun. J. 12-13-06, p. 95586, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)

11-18-110 Regulations.

   The commissioner is authorized to promulgate regulations to effectuate the purposes of this chapter. Any regulations so promulgated shall be considered as an integral part of the Chicago Stormwater Management Ordinance and shall be enforceable, and their violation subject to the same penalties, as set forth in this chapter.

(Added Coun. J. 12-13-06, p. 95586, § 1)