A. Enforcement Officer Authority. The Enforcement Officer shall make the determination as to whether the submitted documentation demonstrates compliance with this Ordinance.
B. Property Interest. The applicant shall demonstrate an ownership interest in the subject property, or written authorization by the property owner to proceed with the development.
C. Basic Submittal. The following requirements apply to all regulated development, except regulated development authorized by a General Permit.
1. A stormwater management permit application shall be submitted.
2. A development plan shall be submitted showing the proposed regulated development with all other relevant information, including but not limited to:
a. Property lines;
b. Buildings and other structures;
c. Easements;
d. Utility lines, culverts, onsite waste disposal systems, and wells;
e. Existing and proposed ground elevations sufficient to depict the proposed work and how it ties into existing ground elevations;
f. Existing and proposed impervious areas;
g. Areas of temporary disturbance;
h. Placement of spoil materials;
i. Details of construction;
j. Dimensions of the proposed regulated development;
k. The location of any flood hazard area on the development site and extending 100 feet beyond the development site, based on available maps and studies, unless a BFE determination is required by this Ordinance; and
l. The location of all WOTUS and IWMC, extending beyond the development site, based on available maps and studies, unless a Wetland Determination Report is required by this Ordinance.
3. For regulated development that does not include a new building and would not change existing ground elevations, the development plan may be sketched on an aerial photograph showing 2 foot contour interval topographic mapping and the applicant’s written agreement that: “The finished ground elevations shall match existing ground elevations and all spoil material shall be removed from the development site” which shall be depicted on the aerial photograph as a note.
4. All applicable consultations, waivers, approvals, and permits from Federal, State, and local authorities shall be submitted.
5. Payment of the stormwater management permit fee.
D. Soil Erosion and Sediment Control Submittal. In addition to other applicable Application Requirements, the following requirements apply to all regulated development, except regulated development authorized by a General Permit.
1. A development plan shall be submitted demonstrating compliance with the Soil Erosion and Sediment Control Performance Standards of this Ordinance. The development plan shall include:
a. The type and location of all soil erosion and sediment control measures. If the regulated development will be constructed in phases, the development plan shall specify all control measures necessary for each phase;
b. Detail drawings for all soil erosion and sediment control measures;
c. Specifications for seeding or other methods of stabilization; and
d. The McHenry County Standard Soil Erosion and Sediment Control Notes in Appendix 2.
2. For regulated development disturbing 1 acre or more, the development plan shall be submitted with the following additional information:
a. A narrative description of the existing land cover and soil survey data for the development site and adjacent areas;
b. A narrative description of the proposed temporary and permanent soil erosion and sediment control practices, including a narrative describing how flood hazard areas, wetlands, waters and buffer areas will be protected from erosion and sedimentation;
c. A schedule of construction activities including, but not limited to, clearing and grading, installation of stabilized construction entrances, disposal of construction waste, stockpiling, and inspection and maintenance of all soil erosion and sediment control practices;
d. Data and calculations used to size, locate, design, and maintain all soil erosion and sediment control practices, where applicable, and for the design of temporary stream crossings; and
e. Identification of person(s) or entity having legal responsibility for installation, maintenance, and removal of erosion and sediment control practices during construction and after regulated development is completed.
3. All applicable consultations, waivers, approvals, and permits from Federal, State, and local authorities shall be submitted including, but not limited to:
a. Coverage by the IEPA under General NPDES Permit No. ILR10; and
b. A permit from the road authority for development in a public right-of-way.
E. Runoff Control Submittal. In addition to other applicable Application Requirements, the following requirements apply to all regulated development, except regulated development authorized by a General Permit.
1. Refer to the Runoff Control Submittal Flowchart in Appendix 1.
2. For Minor Development the following documentation shall be submitted demonstrating compliance with the Runoff Control Performance Standards of this Ordinance.
a. A development plan shall be submitted that depicts:
(1) All applicable components of the stormwater management system, including the overland flow path, drain tiles, storm sewers, and water quality protection measures; and
(2) Includes the McHenry County Standard Drain Tile Notes in Appendix 3.
b. As applicable, design calculations prepared by a licensed professional engineer shall be submitted. When required, the design calculations shall demonstrate that the Runoff Control Performance Standards of this Ordinance have been met for the following components:
(1) Overland flow paths;
(2) Drain tiles; and
(3) Storm sewers.
3. For Intermediate, Major, Public Road, or Mining Development, the development plans and supporting calculations shall be prepared by a licensed professional engineer and shall meet the Minor Development Runoff Control Submittal requirements set forth in Paragraph E.2. above and the following additional requirements:
a. A statement shall be submitted, which is signed by the licensed professional engineer that prepared the development plans, rendering an opinion that the development plans meet the minimum requirements of this Ordinance;
b. A development plan shall be submitted that depicts:
(1) A benchmark referenced to NAVD88;
(2) Existing utilities including sanitary sewer, water main, onsite waste disposal system, well, or any other utilities that exist on the site and 100 feet beyond the development site. On development sites where an infiltration facility is proposed, existing water supply wells shall be shown 200 feet beyond the development site. Information regarding the invert and rim elevations, pipe sizes, pipe lengths, and material type shall be provided;
(3) Location and limits of all existing and proposed deed or plat restrictions;
(4) Existing trees and vegetation areas on the development site;
(5) Proposed contours throughout the development site with a maximum contour interval of 1 foot;
(6) Proposed spot elevations demonstrating drainage patterns;
(7) Top of foundation, lowest floor, low opening elevation, and floodproofing elevations of all proposed structures within a flood hazard area, adjacent to a stormwater management facility; or along an overland flow path;
(8) All proposed impervious areas such as roadways, structures, parking lots, driveways, sidewalks, pathways, and trails;
(9) Proposed stormwater manage-ment system including pipes, drain tiles, culverts, and inlets on the development site. Information regarding the invert and rim elevations, pipe sizes, pipe lengths, and material type shall be provided;
(10) Proposed utilities including sanitary, storm, water main, onsite waste disposal system, well, or any other utilities on the development site. Information regarding the invert and rim elevations, pipe sizes, pipe lengths, and material type shall be provided;
(11) Design details for proposed stormwater management system including, but not limited to, major and minor stormwater systems, stormwater management facilities, water quality protection measures, overflow structures, and control structures including restrictor size and invert; and Cross-sections for overland flow paths and stormwater management facilities sufficient to demonstrate compliance with the freeboard requirements of this Ordinance;
c. Runoff data and calculations for the development site and tributary areas, if a stormwater management system is necessary for the development site to meet the requirements of this Ordinance. The data and calculations may include the following, as applicable:
(1) A narrative identifying the procedures, assumptions, and data used in hydrologic and hydraulic calculations for sizing both major and minor stormwater systems;
(2) A schematic diagram of the existing and proposed hydrologic and hydraulic calculations;
(3) Delineation of tributary areas to each overland flow path, inlet and stormwater management facility;
(4) Time of concentration calculations;
(5) Runoff Curve Number and runoff coefficient calculations for existing and proposed conditions;
(6) Rainfall depth and distribution data;
(7) Storm sewer and inlet design calculations;
(8) Hydraulic grade line and high water surface elevations for design storm events;
(9) Assumptions or calculations utilized to determine tailwater conditions for the development site;
(10) Digital copies of the hydrologic and hydraulic models; and
(11) Other calculations necessary to demonstrate compliance with this Ordinance;
d. Stormwater management facility data and calculations for the development site and tributary areas, if stormwater storage is necessary for the development site to meet the requirements of this Ordinance. The data and calculations shall include the following:
(1) A narrative identifying the procedures, assumptions, and data used in hydrologic and hydraulic calculations to determine the post-development allowable release rate and related stormwater storage volume;
(2) A tabular summary of existing, allowable, and proposed release rates for design storm events;
(3) A tabular summary of required and proposed stormwater storage volumes for design storm events;
(4) Elevation versus storage area data for the stormwater management facility;
(5) Elevation versus discharge curve data for the control structure of the stormwater management facility;
(6) Elevation versus time data for the stormwater management facility;
(7) Calculations demonstrating that the overflow structure is sized to meet the requirements of this Ordinance;
(8) Assumptions or calculations utilized to determine tailwater conditions for the development site;
(9) Seeding and/or planting specifications for detention within IWMC;
(10) Copy of letter notifying adjoining downstream property owner(s) and return receipt of the certified mail as required in Article VI, § 17.60.060B.5.d.(1)viii.; and
(11) Copy of letter notifying any drainage district within the watershed where the development site is located and return receipt of the certified mail as required in Article VI, § 17.60.060B.5.d.(1)ix.;
e. Infiltration facility data including the following development site specific information, prepared by a qualified professional, if the applicant proposes an infiltration facility to meet the Stormwater Storage Requirements of this Ordinance;
(1) Infiltration rate; and
(2) Seasonal high groundwater elevation;
f. Pre-treatment measures for infiltration facilities, Class V injection wells, and infiltration-based water quality treatment practices;
g. A narrative describing how the development site utilizes the strategies in the Runoff Volume Reduction Hierarchy of this Ordinance, if applicable;
h. Watershed specific design data, if applicable;
i. A recorded deed or plat restriction, if applicable; and
j. A recorded maintenance plan, if applicable.
4. For regulated development required to meet the Stormwater Storage Requirements of this Ordinance, as-built plans shall be submitted with a certificate stating that stormwater management facilities were constructed in substantial conformance with the approved development plans.
5. All applicable consultations, waivers, approvals, and permits from Federal, State, and local authorities shall be submitted including, but not limited to documentation of IEPA receipt of a Class V injection well inventory.
F. Flood Hazard Area Submittal. In addition to other applicable Application Requirements, the following requirements apply to all Flood Hazard Area Development, except regulated development authorized by a General Permit.
1. Refer to the Flood Hazard Area Submittal Flowchart in Appendix 1.
2. A statement shall be submitted, which is signed by the licensed professional engineer that prepared the development plans, rendering an opinion that the development plans meet the minimum requirements of this Ordinance;
3. A development plan and calculations shall be submitted demonstrating compliance with the Flood Hazard Areas Performance Standards of this Ordinance. The development plan shall include:
a. A benchmark referenced to NAVD88;
b. A delineation of the existing and proposed BFE on the development site with the source of the BFE noted;
c. Mapped limits of the flood hazard area per the appropriate source;
d. A delineation of the floodway on the development site;
e. Identification of any public bodies of water;
f. Top of foundation, lowest floor, low opening elevation, and floodproofing elevations of all proposed buildings within a flood hazard area;
g. Details of floodproofing measures, such as material specifications, construction methods, and calculations; and
h. Notes limiting the usage of enclosed areas below the BFE.
4. A BFE determination prepared by a licensed professional engineer, if necessary to meet the Flood Hazard Areas Performance Standards of this Ordinance. The BFE determination shall include the following:
a. A narrative identifying the procedures, assumptions, and data used in the existing and proposed hydrologic and hydraulic calculations;
b. A tabular summary of existing and proposed flows, flood elevations, and velocities for all storm events up to and including the base flood event;
c. A schematic diagram of the existing and proposed hydrologic and hydraulic calculations;
d. An exhibit delineating all tributary areas for the hydrologic and hydraulic calculations;
e. Time of concentration calculations for existing and proposed conditions;
f. Runoff Curve Number calculations for existing and proposed conditions;
g. Rainfall depth and distribution data;
h. An exhibit locating all cross-sections utilized within the hydrologic and hydraulic calculations;
i. Hydraulic grade line and water surface elevations for all storm events up to and including the base flood event;
j. Analyses of alternative transition sections;
k. Assumptions or calculations utilized to determine tailwater conditions for the development site;
l. Digital copies of the hydrologic and hydraulic models; and
m. Other calculations necessary to demonstrate compliance with this Ordinance.
5. Floodplain fill and compensatory storage calculations prepared by a licensed professional engineer, if compensatory storage is necessary for the development site to meet the requirements of this Ordinance. The data and calculations shall include the following:
a. Cross-sections showing the areas of fill and excavation;
b. A plan view delineating the location of cross-sections;
c. A tabular summary of fill and excavation volumes; and
d. As applicable, as-built plans and a certificate stating that compensatory storage areas were constructed in substantial conformance with the approved development plans.
6. For revisions to FIRM(s) necessary to meet the Flood Hazard Areas Performance Standards of this Ordinance, the following information shall be submitted:
a. All hydrologic and hydraulic calculations;
b. All LOMC applications with supporting documentation; and
c. A recorded deed or plat restriction for any offsite increase in the water surface profile.
7. For any repair, reconstruction, rehabilitation, addition, or other activity to a building in a floodplain, a substantial improvement determination shall be submitted. The data and calculations shall include:
a. A detailed and complete cost estimate;
b. Supporting documentation for the cost estimate, including data from recognized cost estimating manuals or contractor bids;
c. A signed and notarized market value determination form; and
d. A calculation of the cumulative percentage of individual damages, repairs, reconstructions, rehabilitations, additions, improvements, and maintenance.
8. For buildings required to meet the Building Protection Requirements of this Ordinance, an Elevation Certificate, a Floodproofing Certificate, or a similar instrument shall be submitted demonstrating compliance with this Ordinance.
9. All applicable consultations, waivers, approvals, and permits from Federal, State, and local authorities shall be submitted including, but not limited to permits from IDNR/OWR for floodway construction, dam safety, or development within a public body of water.
G. Wetlands, Waters and Buffer Area Submittal. In addition to other applicable Application Requirements, the following requirements apply to all Wetland and Waters Development, except regulated development authorized by a General Permit.
1. Refer to the Wetlands, Waters and Buffer Area Submittal Flowchart in Appendix 1.
2. A development plan shall be submitted demonstrating compliance with the Wetlands and Waters Performance Standards and the Buffer Area Performance Standards of this Ordinance. The development plan shall include a delineation of all WOTUS, IWMC, and buffer areas on the development site.
3. A Letter of No Impact or a Wetland Determination Report, prepared by a wetland specialist, shall be submitted for all WOTUS and IWMC on the development site, if applicable.
4. All applicable consultations, waivers, approvals, and permits from Federal, State, and local authorities shall be submitted including, but not limited to:
a. A Jurisdictional Determination and a Letter of No Objection from the USACE;
b. A permit from the USACE;
c. Documentation that the regulated development is in compliance with the IDNR’s Endangered Species Consultation Program [520 ILCS 10/11];
d. Documentation that the regulated development is in compliance with the U.S. Fish and Wildlife Service’s consultation program under the Endangered Species Act; and
e. A Natural Resources Information (NRI) report or letter prepared by the McHenry-Lake County Soil and Water Conservation District.
5. For regulated development within the buffer area of WOTUS or IWMC, the following additional information shall be submitted:
a. A narrative describing the current condition of the buffer area, including the existing plant community(s) present and a list of the plant species characterized individually as native or non-native;
b. Calculations for determining the existing and proposed buffer area impacted by the development;
c. The size, location, and design details for any BMPs proposed for mitigating buffer impacts; and
d. Calculations demonstrating that the required buffer area is provided by varying the buffer width.
6. For regulated development adjacent to IWMC, but not impacting the IWMC, wetland hydrology calculations shall also be submitted.
7. For IWMC impacts, the following additional information prepared by a wetland specialist shall be submitted:
a. A mitigation plan;
b. Performance standards and a recorded maintenance plan for onsite mitigation of a IWMC impact; and
c. A receipt for payment into a Wetland Bank or the MCSC Wetland Restoration Fund.
8. For Category IV IWMC impacts, a narrative describing the benefits of the IWMC impacts to the aquatic environment shall also be submitted. The narrative shall be prepared by a wetland specialist.
9. For Category V temporary IWMC impacts, a restoration plan prepared by a wetland specialist shall be submitted.
10. A recorded maintenance plan and a recorded deed or plat restriction shall be submitted for the wetlands, waters and buffer areas within or adjacent to a regulated development disturbing 5 acres or more, a Mining Development, or any regulated development involving a subdivision of land.
11. For buffer averaging, a recorded deed or plat restriction shall be submitted for the wetlands, waters and buffer areas.
(Ord. O-2020-09-15, passed 9-15-2020; Ord. O-202009-10-030, passed 9-15-2020)