(A) Section 15-16.B of the DuPage County countywide stormwater and floodplain ordinance is hereby amended by deleting that section and replacing it with the following:
1. The Village of Lisle corporate authorities are designated as the oversight committee for purposes of this ordinance.
(B) Section 15-23.B.2 of the DuPage County countywide stormwater and floodplain ordinance is hereby amended as follows:
1. 15-23.B.2. Proposed developments that are listed on the official list of exempt developments for the village of Lisle are those lists attached as exhibits to village of Lisle resolutions no. 91-1017, 92-1035, 2000-2026, and 2003-2433. All such developments on the list shall have met at least one of the following criteria:
(a) 15-23.B.2.a. Building permits for such development were issued prior to February 15, 1992; or
(b) 15-23.B.2.b. Engineering of all stormwater facilities for such development was submitted to and approved by the village engineer prior to February 15, 1992; or
(c) 15-23.B.2.c. Annexation agreements or ordinances or other agreements were recorded or executed prior to February 15, 1992 which specifically exempt such development from community codes; or
(d) 15-23.B.2.d. For other developments, contractual agreements executed prior to February 15, 1992 which specifically exempt such development from community codes; or
(e) 15-23.B.2.e. Approvals resulting from judicial decrees preclude application of this ordinance.
(C) Section 15-28 of the DuPage County countywide stormwater and floodplain ordinance is hereby amended by deleting that section and replacing it with the following:
1. 15-28. Building Protection
(a) 15-28.A. Within the boundary of the regulatory flood plain and in areas outside the boundary of the regulatory flood plain, all usable space in new buildings, or added to existing buildings, shall either be elevated, flood proofed, or otherwise protected such that the lowest entry shall be at least two feet above the nearest base flood elevation to prevent the entry of surface stormwater. Floodproofing 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. Floodproofing measures shall be certified by a professional engineer.
(b) 15-28.B. 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 two feet above the design elevation to prevent the entry of surface stormwater. The design elevation is the higher elevation of either article X or the elevation associated with the design rate as determined in section 15-81.B.2.
(c) 15-28.C. Other building protection standards for structures that may be implemented in the flood plain are listed in section 15-81.B in article X.
(d) 15-28.D. FEMA technical bulletin 10-01, titled “Ensuring That Structures Built On Fill In Or Near Special Flood Hazard Areas Are Reasonably Safe From Flooding” and dated May 2001, shall be followed for all structures or additions to structures constructed with a lowest floor below the FPE or less than two feet above the design elevation of a stormwater facility high water or overflow path, for structures or additions to structures built on a site elevated by fill so that the ground surface is above the BFE, and where a letter of map change based on fill (LOMR-F or LOMA-F) has been issued by FEMA to remove the site from the floodplain.
(e) 15-28.E. FEMA technical bulletin 10-01, titled “Ensuring That Structures Built On Fill In Or Near Special Flood Hazard Areas Are Reasonably Safe From Flooding” and dated May 2001, and as amended herein, shall be followed for all structures or additions to structures constructed with a lowest floor below the FPE or less than two feet above the design elevation of a stormwater facility high water or overflow path; for structures or additions to structures built outside the floodplain whose lowest floor, including basement, is less than the FPE; or for structures or additions to structures located within fifty feet of the high water line of a major stormwater facility, site runoff storage facility or overflow path, and whose lowest floor, including basement, is less than the FPE, as determined in the as-built or approved engineering plans for the development, or section 15-73. In these cases, technical bulletin 10-01 shall be amended as follows:
(1) Page 15, paragraph 3: Change to “The setback is the distance from the edge of the SFHA to the nearest wall of the basement. The minimum allowable setback distance is 20 feet in the front or rear yard and 10 feet in the side yard”.
(2) Page 15, paragraph 4: Change to “The ground around the building must be compacted fill; the fill material - or soil of similar classification and degree of permeability - must extend horizontally at least five feet around the foundation, from the bottom of the aggregate layer beneath the basement floor to one foot below the finished grade”.
(f) 15-28.F. For new buildings required to comply with section 15-28.D., the spot survey must include the elevation of the top of the footing.
(D) Section 15-42 of the DuPage County countywide stormwater and floodplain ordinance is hereby amended by adding the following:
1. 15-42.F. Village of Lisle grading permit fees shall be as set forth in Title 1, Chapter 20, of the Lisle Village Code.
(E) Section 15-72.D of the DuPage County countywide stormwater and floodplain ordinance is hereby amended by adding the following:
1. 15-72.D.8. For sites where depressional storage exists, existing depressional storage shall be provided on a one-to-one basis in addition to the required on-site storage.
(F) Section 15-72.E of the DuPage County countywide stormwater and floodplain ordinance is hereby amended by deleting that section and replacing it with the following:
1. 15-72.E. The details of the design of a site runoff storage facility, which includes a site runoff storage control structure in accordance with section 15-73 (side slopes, depths, etc.), will be in accordance with any applicable ordinances of the village of Lisle, including but not limited to the following:
2. 15-72.E.1. The top of bank of stormwater storage or flow channel facilities shall not be closer than five feet to any public right-of-way or closer than ten feet to any back of curb of street pavement.
3. 15-72.E.2. Maximum slopes in any instance shall be limited to 3-1.
4. 15-72.E.3. No site runoff storage facility shall have retaining wall or building structure along more than 50% of the pond perimeter.
5. 15-72.E.4. Interlocking solid concrete block retaining walls may be allowed for stormwater storage facilities provided they are less than two feet in height or otherwise provided with a proper railing or protection in accordance with the building code of the village. For all walls over two feet high, the interlocking, solid, concrete block shall be 8" wide, 5.50" high, 15.75" deep, slope block Mark IV, as manufactured by Unilock or approved equal. For walls two feet high and less, the interlocking solid concrete block shall be 8" wide, 6" high, and 12" deep, Pisa II, as manufactured by Unilock or approved equal. All other design and construction standards shall be approved by the village engineer.
6. 15-72.E.5. Dry storage facilities shall have a minimum bottom ground slope of two percent (2%) regardless if an underdrain system is provided.
7. 15-72.E.6. In all retention facilities, minimum depth from normal water level to bottom of side slopes shall be four feet. To enhance aquatic life and provide better water quality management, a minimum of twenty five percent (25%) of the pond area shall be a minimum of ten feet deep. Suitable means, satisfactory to the village, shall be provided to prevent water from becoming stagnant. Where it is determined that basin soils are too permeable to hold water, the soil shall be sealed by a suitable method such as a clay blanket or with bentonite. Sealings shall not be unduly detrimental to natural ground water recharge.
8. 15-72.E.7. Storm water storage areas shall be permitted underground subject to the following:
(a) 15-72.E.7.a. Storm water storage areas shall be constructed of concrete pipe, concrete boxes, concrete vaults or approved equal as determined by the village engineer. All other design and construction standards shall be approved by the village engineer;
(b) 15-72.E.7.b. A storm water management and facilities maintenance agreement shall be entered into with the property owner to ensure that the underground storm water facility is properly maintained. Maintenance of the facility is the responsibility of the owner of the land on which the storm water facilities are constructed unless the responsibility is assigned to an entity acceptable to the village of Lisle; and
(c) 15-72.E.7.c. In order to ensure that the storm water facility is functioning and operating appropriately, inspection of the underground storm water storage area will be required every three years or more often if determined to be necessary by the village engineer or stormwater administrator. The inspection shall be performed at the expense of the property owner, by a qualified inspector. The inspector shall be a licensed professional engineer in the state of Illinois and specializing in the practice of civil engineering, or other qualified professional as approved by the village engineer or stormwater administrator. A written copy of the inspection report shall be submitted to the village of Lisle community development department. Written notification will be sent to the property owner if corrective maintenance is necessary or required as a result of these field observations.
9. 15-72.E.8. Pumping for stormwater facilities will not be permitted.
10. 15-72.E.9. Piping for a storage system facility shall not be less than 12" in diameter and said pipe shall meet all design and material requirements of the Lisle Village Code.
11. 15-72.E.10. Properties located in the area generally bounded by Ogden Avenue on the north, Burlington Avenue on the south, Center Avenue on the east and Route 53 on the west may purchase off-site storm water storage and/or compensatory storage in the Garfield Basin, at a fee specified in the annual fee ordinance under the guidelines adopted by the village of Lisle board of trustees in accordance with resolution 2008-2887 and as approved by the village engineer.
12. 15-72.E.10.a. Any property owner desiring to use the Garfield Basin for off-site stormwater storage and/or compensatory storage must submit to, and receive approval from the village engineer, an engineering plan that depicts, without limitation, the estimated flow of stormwater and the conveyance system proposed to be used to direct stormwater to the off-site Garfield Basin facility, and/or the volume of compensatory storage required, before obtaining a building permit.
13. 15-72.E.10.b. Priority for use of the Garfield Basin shall be given to those properties with final approved engineering plans. In the event that there is inadequate capacity in the Garfield Basin to accommodate the estimated stormwater flow or compensatory storage from one or more properties, any such property or properties shall be required to provide an on-site stormwater storage and/or compensatory storage facility as otherwise required in this chapter.
(G) Section 15-80.H of the DuPage County countywide stormwater and floodplain ordinance is hereby amended by deleting that section and replacing it with the following:
1. 15-80.H. The flood protection elevation (FPE) is the base flood elevation (BFE) plus two feet of freeboard.
2. Sections 15-81.B.2, 15-81.B.3, 15-81.B.4, and 15-81.B.5 of the DuPage County countywide stormwater and floodplain ordinance are hereby amended by deleting those sections and replacing them with the following:
(a) 15-81.B.2. New construction or substantial improvements of all structures within a SFHA shall have the lowest floor elevated to at least the FPE and that the fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: 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 shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. Adequate drainage shall be provided.
(b) 15-81.B.3. Reserved.
(c) 15-81.B.4. Manufactured homes that are placed or substantially improved within the SFHA on sites (i) outside of a manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage be elevated on a permanent foundation such that the lowest floor of the manufactured homes to at least the FPE, be securely anchored to an adequately anchored foundation system to resist floatation, collapse and lateral movement in accordance with the rules and regulations for the Illinois mobile home tie-down act issued pursuant to 77 Ill. adm. code 870, provide adequate access and drainage and if pilings are used for elevation, applicable design and construction standards for pilings shall be met.
(d) 15-81.B.5. Reserved.
(H) Section 15-81.B.7 of the DuPage County countywide stormwater and floodplain ordinance is hereby amended by deleting sections 15-81.B.7.f, 15-81.B.7.g, and 15-81.B.7.h. and adding the following:
1. 15-81.B.7.f. The accessory structure must be less than five hundred seventy-six (576) square feet.
2. 15-81.B.7.g. Shall be anchored to resist floatation and overturning.
3. 15-81.B.7.h. All flammable or toxic materials (gasoline, paint, insecticides, fertilizers, etc.) shall be stored above the FPE. A sign shall be permanently mounted on the interior of the accessory structure indicating the level of the FPE and prohibiting storage of these items below that level.
4. 15.81.B.7.i. All construction below the FPE shall be flood resistant materials.
5. 15.81.B.7.j. Accessory structures permitted under this code section shall be subject to annual inspection to ensure continued compliance with permit and code requirements.
(I) Section 15-81.B.8 of the DuPage County countywide stormwater and floodplain ordinance is hereby amended by adding the following:
1. 15-81.B.8. New structures other than buildings shall either be elevated to at least the FPE or designed for protection against physical flood damages. Structures that are flood proofed shall be anchored to prevent flotation, collapse, or lateral movement of the structure; use flood resistant materials below the FPE; locate electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities above the FPE; and provide adequate drainage. Floodproofing 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 floodproofing shall be certified by a professional engineer.
(J) Section 15-81.C.1 of the DuPage County countywide stormwater and floodplain ordinance is hereby amended by deleting that section and replacing it with the following:
1. 15-81.C.1. Temporary or permanent storage in the flood plain of the following are prohibited unless elevated or flood proofed to the FPE:
(a) 15-81.C.1.a. Items susceptible to flood damage; or
(b) 15-81.C.1.b. Unsecured buoyant materials or materials that may cause off-site damage including bulky materials, firewood, building materials, flammable liquids, chemicals, explosives, pollutants, or other hazardous materials; or
(c) 15-81.C.1.c. Landscape wastes.
(K) Section 15-97 of the DuPage County countywide stormwater and floodplain ordinance is hereby amended by deleting that section and replacing it with the following:
1. 15-97.A. Where a variance to the site runoff storage requirements of section 15- 72 is granted, payment into the village of Lisle’s site runoff storage variance fee program shall be made prior to the issuance of a building permit as a condition of the variance.
2. 15-97.B. The village of Lisle site runoff storage variance fee program shall operate as follows:
3. 15-97.B.1. Payment of a site runoff storage variance fee for the varied storage shall be made to the village of Lisle and is determined by applying the first applicable criteria as follows:
(a) 15-97.B.1.a. If the village of Lisle program has an established off-site storage facility(ies), the fee shall be calculated by multiplying the per acre-foot cost of the closest off-site storage facility times the varied storage where:
(1) 15-97.B.1.a.1. A design concept plan for the facility has been approved by the village of Lisle’s stormwater committee and the village board containing an estimate of the per acre-foot cost of constructing the storage, including operation and maintenance costs; and
(2) 15-97.B.1.a.2. 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
(b) 15-97.B.1.a.3. The facility is located in the same watershed planning area as the variance, or within the village of Lisle.
(c) 15-97.B.1.b. Where the Village of Lisle program has not established off- site storage facility(ies) in accordance with sub-parts B.1.a.1 through B.1.a.3 above, the site runoff storage variance fee shall be charged in accordance with an adopted fee schedule, as set out in the annual fee ordinance. The fees set forth in the annual fee ordinance shall identify reasonable and rational costs to provide site runoff storage in the same watershed planning area as the subject variance. It is hereby determined that the fee as set out in the village of Lisle’s annual fee ordinance includes the village of Lisle’s cost of planning, acquiring land, construction, operation, and maintenance.
(d) 15-97.B.2. Fee in lieu funds collected shall be accounted for in separate development or watershed planning accounts. Funds shall be used in the same watershed planning area as collected or in the village of Lisle 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.
(e) 15-97.B.3. The finance director shall provide accounting on an annual basis of all funds deposited in each development or watershed planning account and shall account for each fund on a first-in, first-out basis.
(f) 15-97.B.4. The corporate authorities may prioritize and allocate funds on an annual basis within each development or watershed planning account. The community development director or the stormwater administrator may make a request to the corporate authorities for funds within the accounts for uses identified in section 15-97.B.2.
(g) 15-97.B.5. All site runoff storage variance fees shall be refunded to the person who paid the fee, or to that person’s successor in interest, in accordance with section 15-97.B.6, whenever the village of Lisle fails to encumber fees collected within 10 years from the date on which such fees were collected.
(h) 15-97.B.6. Refunds shall be made provided that the person who paid the fee, or that person’s successor in interest, files a petition with the village of Lisle within one year from the date on which such fees are required to be encumbered.
(i) 15-97.C. Funds collected in the village of Lisle shall be used within the village of Lisle, or within the watershed planning area in which the fee was collected. All accounting records shall be made available to the DuPage County stormwater committee upon request.
(L) Section 15-98 of the DuPage County countywide stormwater and floodplain ordinance is hereby amended by deleting that section and replacing it with the following:
1. 15-98. Post Construction BMP Fee-In-Lieu Program
(a) 15-98.A. With the approval of the stormwater administrator, and provided the conditions of section 15-63 apply, the applicant may be allowed or required to pay a PCBMP fee-in-lieu payment. Payment into a PCBMP fee-in-lieu program shall be made prior to the issuance of a building permit. For purposes of this section, payment of a VCBMP fee-in-lieu is interchangeable with payment of PCBMP fee-in-lieu.
(b) 15-98.B. The village of Lisle shall operate a PCBMP fee-in-lieu program as follows:
(1) 15-98.B.1. PCBMP fee-in-lieu payment shall be made to the village of Lisle. A BMP fee-in-lieu payment shall be calculated by applying the adopted fee schedule as set out in the annual fee ordinance that identifies reasonable and rational cost to construct and maintain similar PCBMPs for those areas of the development that remain without effective water quality treatment. For VCBMP, fee-in-lieu payment shall be as set out in the annual fee ordinance.
(2) 15-98.B.2. PCBMP and VCBMP funds collected shall be separately accounted for in watershed planning area accounts. Funds shall be used in the same watershed planning areas as collected solely to design, construct, and maintain water quality or runoff volume reduction improvements. Funds may not be used to fulfill obligations required by the ordinance.
(3) 15-98.B.3. The finance director shall provide accounting on an annual basis of all funds deposited in each watershed planning account and shall account for each fund on a first-in, first-out basis.
(4) 15-98.B.4. The corporate authorities may prioritize and allocate funds on an annual basis within each watershed planning account. The community development director or the stormwater administrator may make a request to the corporate authorities by March 30 of each year for funds within the accounts for uses identified in section 15-98.B.2.
(5) 15-98.B.5. All BMP fee-in-lieu payments shall be refunded to the person who paid the fee, or to that person’s successor in interest, in accordance with section 15-98.B.6, when the village of Lisle fails to encumber that development’s fees collected within ten (10) years of the date on which such fees were collected.
(6) 15-98.B.6. Refunds shall be made provided that the person who paid the fee, or that person’s successor in interest, files a petition with the village of Lisle within one year from the date on which such fees are required to be encumbered.
2. 15-98.C. Funds collected in the village of Lisle shall be used within the village of Lisle, or within the watershed planning area in which the fee was collected. All accounting records shall be made available to the DuPage County stormwater committee upon request.
(M) Section 15-117.E of the DuPage County countywide stormwater and floodplain ordinance is hereby amended by deleting that section and replacing it with the following:
1. All variance petitions filed pursuant to this article XVI shall be filed with the stormwater administrator of the village of Lisle. The fee shall be as established by Title 1, Chapter 20, of the Lisle Village Code.
(N) Appendix A, Definitions of the DuPage County countywide stormwater and floodplain ordinance is hereby amended by deleting those definitions for “flood protection elevation” and “substantial improvement” and replacing them with the following:
1. Flood Protection Elevation (FPE). The base flood elevation plus two feet of freeboard. If an approved FEQ watershed plan model produces a higher elevation than the regulatory BFE, the FPE shall be the FEQ flood of record elevation plus two feet of freeboard.
2. Substantial Improvement. Any reconstruction, rehabilitation, addition, or improvement of a structure taking place during a ten year period, in which the cumulative percentage of improvements equals or exceeds fifty (50) percent of the market value of the structure before the improvement or repair is started. Substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. This term includes structures that have incurred repetitive loss or substantial damage, regardless of the actual work done. The term does not, however, include either (1) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a “historic structure” listed on the national register of historic places or the Illinois register of historic places, provided that the alteration will not preclude the structure’s continued designation as a historic structure. (Ord. 2019-4831, 7-15-2019; amd. Ord. 2021-4935, 11-15-2021; Ord. 2022-4981, 10-17-2022)
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