A. Introduction.
1. The McHenry County Comprehensive Stormwater Management Plan, adopted by the McHenry County Board on June 16, 1997 states, "To provide a consistent level of protection and to provide equity throughout the County, a program for consistent Countywide regulation and enforcement should be developed with standards established at the Countywide level and, where appropriate, modified at the watershed level to meet watershed specific needs. A Countywide regulatory program would involve development of a Countywide watershed development ordinance that applies to both incorporated and unincorporated areas. ... [T]he watershed development ordinance should be comprehensive and specify standards for stormwater drainage and detention, floodplain management, soil erosion and sedimentation control, and stream and wetland protection in a single document."
2. McHenry County has determined that uniform and consistent enforcement by municipalities that adopt the standards of the Stormwater Management Ordinance will enhance the effectiveness of the program. The County also understands that local conditions may sometimes require additional or more restrictive standards to meet the purpose of this Ordinance. In those instances where the requirements of this Ordinance are not stipulated in a municipal ordinance or are more restrictive than municipal requirements, this Ordinance shall prevail. In some cases, the requirements of this Ordinance are more restrictive than Federal or State minimum standards. A municipality has the right to enact more restrictive standards than the minimum standards of this Ordinance.
B. Authority.
1. This Ordinance is enacted pursuant to the powers granted to McHenry County by 55 ILCS 5/5-1041, 1042, 1049, 1062, 1063, 1104, 12003, 15001 & 40001 et seq., (County) and by 65 ILCS 5/1-2-1, 11-12-12, 11-30-2, 11-30-8, 11-31-2 and 615 ILCS 5/5 et seq. including 18g.
2. This Ordinance establishes minimum standards and may be superseded by more restrictive Federal, State, or other local regulations.
C. Purpose.
1. The purpose of this Ordinance is to establish reasonable rules and regulations for floodplain and stormwater management in order to:
a. Protect and preserve the quality and environmental values of land and water resources in McHenry County;
b. Encourage development in a manner that promotes the orderly, sustainable and cost-effective utilization of land and water resources;
c. Minimize the impact of development on flood hazards, erosion, and water quality;
d. Minimize the need for additional expenditure of public funds for flood control projects, repairs to flood damaged public facilities and utilities, and flood related emergency operations;
e. Minimize additional disruption of governmental services and the economy due to flooding and drainage problems;
f. Maintain eligibility for the NFIP by equaling or exceeding Federal floodplain development regulations (the NFIP is codified as 44 CFR 59-79, as amended) thereby making federally subsidized flood insurance available to residents in participating communities;
g. Protect the hydrologic, hydraulic, water quality, aquatic habitat, recreation and other beneficial functions of streams, ponds, lakes, wetlands, and flood storage areas;
h. Protect the quantity and quality of groundwater resources;
i. Meet the requirements of The Rivers, Lakes and Streams Act, Resources, 615 ILCS 5/1 et seq.;
j. Minimize harm due to periodic flooding including loss of life and property and threats and inconveniences to public health, safety and welfare;
k. Protect buildings and improvements to buildings from flood damage;
l. Facilitate the permitting of sound maintenance of channels and existing stormwater management systems; and
m. Require the regular, planned maintenance of new stormwater management systems.
(Ord. O-2020-09-15, passed 9-15-2020)