2023-O-15

Passed 09/27/2023

AN ORDINANCE ADOPTING BY REFERENCE THE LAKE COUNTY WATERSHED DEVELOPMENT ORDINANCE, AS AMENDED JULY 11, 2023, AND ESTABLISHING CERTAIN VILLAGE-SPECIFIC MORE RESTRICTIVE STANDARDS

WHEREAS, the County of Lake, pursuant to the powers granted to it by 55 ILCS 5/5- 1062, adopted the Lake County Watershed Development Ordinance on or about July 11, 2023, effective immediately, establishing rules and regulations for floodplain and stormwater management throughout the County of Lake and superseding any less restrictive municipal rules and regulations therein; and,

WHEREAS, the President and Board of Trustees of the Village of Green Oaks have previously adopted Ordinances Numbered. 1999-O-24A, 2001-O-23, 2006-O-15, 2006-O-10, 2009-O-02, 2010-0-7, 2013-0-10, 2016-O-03, and 2020-0-14, which adopted by reference the Lake County Watershed Development Ordinance, as amended; and

WHEREAS, the County of Lake, pursuant to the powers granted to it by 55 ILCS 5/5-1062, adopted a resolution approving amendments to the Lake County Watershed Development Ordinance on or about July 11, 2023, effective immediately; and

WHEREAS, the President and Board of Trustees of the Village of Green Oaks find it to be in the best interests of the Village of Green Oaks to require all development to meet, at least, the minimum standards prescribed by the WDO to the fullest extent practicable and the more restrictive local standards established by this Ordinance; and

WHEREAS, three copies of the Lake County Watershed Development Ordinance have been on file in the Office of the Village Clerk of the Village of Green Oaks, and available for inspection, for not less than thirty (30) days prior to the passage of this Ordinance.

NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Green Oaks, Lake County, Illinois, as follows:

SECTION I:      That there is hereby adopted by reference, as if fully set out herein, that certain ordinance known as the Lake County Watershed Development Ordinance, approved on July 11, 2023 as amended by the County of Lake, State of Illinois, three copies of which have been, for a period of not less than thirty (30) days prior to the effective date hereof, and now are on file in the office of the Village Clerk.

SECTION II:      That in the event that the rules, regulations, terms or conditions imposed pursuant to the Lake County Watershed Development Ordinance are either more restrictive or less restrictive than comparable rules, regulations, terms or conditions imposed by any other applicable rule, regulation, resolution, ordinance, statute or law, then the most restrictive rules, regulations, terms or conditions shall govern.

SECTION III:       That Section 12-1-1 of the Village Code of the Village of Green Oaks is amended by deleting existing text in Section 12-1-1, and replacing it with the following text:

12-1-1: STORMWATER MANAGEMENT REGULATIONS:

The Lake County Watershed Development Ordinance, as most recently amended by the County of Lake on July 11, 2023, is hereby adopted by reference and is in full force and effect within the Village of Green Oaks and is found in its own compilation.

SECTION IV:       That the following more restrictive standards are hereby added to the provisions of the Lake County Watershed Development Ordinance, as amended July 11, 2023, as adopted in SECTION I above where strike out (delete) indicates deletion of text and double underline (insert) indicates insertion of text:

ARTICLE 5, Section 502.01:

5.02   Release Rates and Discharges

502.01   Unless otherwise specified in Appendix J: Watershed Specific Release Rates, an SMC-adopted basin plan or floodplain study, the detention volume required shall be calculated using a rating curve based on maximum release rates of 0.04 cubic feet per second per acre for the 2-year, 24-hour storm event and 0.15 cubic feet per second per acre for the 100-year, 24-hour storm event. The release rate requirement shall apply to the hydrologically disturbed area of the ownership parcel unless the Enforcement Officer determines that specific locations of the ownership parcel have unique circumstances such that the release rate shall apply to a broader or smaller area. The release rate requirements shall only apply to developments listed in 300.06 and 300.07. The volume of detention required shall be based on storing all the run-off from the site for the 100-year 24-hour storm event with zero release. An SMC approved hydrograph producing run-off calculation method shall be used to determine run-off volume.

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ARTICLE 5, Section 506.03:

   506.03 Overland Flow Paths

D.   For overland flow paths with less than twenty (20) acres tributary drainage area, all structures in parcels containing or adjoining to an overland flow path or other high water level designation shall have a lowest adjacent grade a minimum of one-half (0.5) (1.0) foot above the design high water elevation.

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E   For overland flow paths with greater than or equal to twenty (20) acres tributary drainage area but less than one hundred (100) acres, all structures in parcels containing or adjoining to an overland flow path or other high water level designation shall have a lowest adjacent grade a minimum of one (1) foot two (2.0) feet above the design high water elevation.

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ARTICLE 6, Section 600.11:

600.11 Earthen embankments shall be constructed with side slopes no steeper than 3H:1V 4H:IV. Steeper slopes may be constructed with appropriate stabilization as approved by the Enforcement Officer.

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SECTION V:      Nothing in this Ordinance shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action arising, acquired or existing under any act or ordinance or portion thereof hereby repealed or amended by this ordinance; nor shall any just or legal right, claim, penalty or remedy of any character of the corporate authority existing on the effective date hereof be lost, impaired or affected by this Ordinance.

SECTION VI:   All ordinances or parts of ordinances in conflict herewith are to the extent of such conflict, hereby superseded according to the provisions hereof.

SECTION VII:   If any provision, clause, sentence, paragraph, section, or part of this ordinance or application thereof to any person, firm, corporation, public agency or circumstance, shall, for any reason, be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalidate the remainder of this ordinance and the application of such provision to other persons, firms, corporation, or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person, firm, corporation, or circumstances involved. It is hereby declared to be the legislative intent of the corporate authorities that this ordinance would have been adopted had such unconstitutional or invalid provision, clause, sentence, paragraph, section, or part thereof not been included.

SECTION VIII:   That any person, firm or entity violating the terms and conditions of this Ordinance shall be subject to a fine not to exceed $750.00 with each and every day that the violation exists constituting a distinct and separate offense under the terms of this Ordinance. In addition, the Corporate Authority may take whatever action it deems appropriate to enforce the terms of this Ordinance, including an action for injunction. All attorney's fees and costs incurred by the Municipality in enforcing the terms of this Ordinance shall be paid by the violator.

SECTION IX:      That this Ordinance shall be in full force and effect ten (10) days after its passage, approval and publication in pamphlet form, as provided by law.

Passed this 27 th day of September, 2023.

                  Ayes:      Nays:      Absent/Abstain      

RICH GLOGOVSKY            _____      _____      _____

PETER FURLONG            _____      _____      _____

JOHN WAGENER            _____      _____      _____

DAN SUGRUE            _____      _____      _____

KEVIN GRIFFIN                  _____      _____      _____

MAHDI SELLAMI          _____      _____      _____

APPROVED:

By: Date:            

Village President

ATTEST:

By:                         

Village Clerk

Presented and read, or reading having been waived, at a duly convened meeting of the Corporate Authorities on September 27, 2023.

I hereby certify that the above ordinance was published in pamphlet form on September 28, 2023, as provided by law.

Village Clerk