§ 151.003  APPLICABILITY.
   (A)   All development in the village meeting the following criteria shall submit a stormwater management plan including required drawings, calculations and supporting data as necessary to ensure compliance with the provisions of this chapter. No site development permit, building permit, or final plat shall be issued or signed until the village has determined that the proposed development, development application, and stormwater management plan meet all applicable requirements of this chapter.
      (1)   Development resulting in greater than or equal to one acre of new impervious area.
      (2)   Development resulting in less than one acre of new impervious area and is part of a larger common plan of development or sale that would result in a total new impervious area of greater than or equal to one acre.
   (B)   Development disturbing more than 5,000 square feet must comply with the soil erosion and sediment control provisions of this chapter.
   (C)   This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. Where this chapter and other ordinances, easements, covenants or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
      (1)   Overlapping or multiple jurisdictions.  In all cases where a development lies within the jurisdictional boundaries of more than one municipality or regulatory authority, the development shall conform to the requirements of all applicable jurisdictions. In cases where the requirements of the municipality or regulatory authority are in conflict, the more restrictive requirement shall be followed.
      (2)   Adjacent jurisdictions.  In all cases where a development lies within one and one-half miles of the corporate limits of an incorporated municipality, the development shall conform to all applicable ordinances and plans of the municipality in addition to the requirements of this chapter.
      (3)   Additional jurisdictions list. Municipalities, districts and regulatory authorities from which fees, approval and/or permits may be required may include (but are not limited to) the following divisions (a) through (k).  This list is not intended to be comprehensive. Persons conducting activities regulated by this chapter are responsible for identifying and complying with the applicable authorities:
         (a)   Drainage Districts;
         (b)   Army Corps of Engineers;
         (c)   U.S. Fish and Wildlife Service;
         (d)   Illinois Historic Preservation Agency;
         (e)   Illinois Department of Natural Resources;
         (f)   Illinois Environmental Protection Agency;
         (g)   Illinois Department of Transportation;
         (h)   Townships;
         (i)   Railroads;
         (j)   Illinois Tollway Authority; and
         (k)   FEMA.
   (D)   Development in special flood hazard areas (SFHA).  In addition to the provisions set forward in this chapter, development in special flood hazard areas shall comply with the requirements of the zoning and building codes of the Village of Kirkland, Illinois, as set forth in Chapters 150 and 154 of this code of ordinances. Where these ordinances conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(Ord. 07-02, passed 4-16-2007)