A. Purpose. The purpose of this Section is to promote the health, safety and general welfare of the present and future residents of the Village and downstream drainage areas by providing for the protection, preservation, proper maintenance, and use of public and private watercourses, lakes and ponds. It is specifically not the intent of this Section to duplicate or in any way conflict with any regulations adopted by the U.S. Army Corps of Engineers.
B. Objectives. This Section is specifically adopted to achieve the following objectives:
1. to prevent flood damage by preserving storm and flood water storage capacity;
2. to maintain the normal hydrologic balance of streams, ponds, lakes, and groundwater by storing and filtering wet season runoff in floodplains and wetlands and releasing it slowly to the stream to maintain dry season stream flow;
3. to manage stormwater runoff and maintain natural runoff conveyance systems, and minimize the need for storm sewer construction and drainageway modification;
4. to improve water quality both by filtering and storing sediments and attached pollutants, nutrients, and organic compounds before they drain into streams, lakes or ponds and by maintaining the natural pollutant assimilating capabilities of streams, lakes, ponds and floodplains;
5. to protect shorelines from soil erosion;
6. to protect fish spawning, breeding, nursery and feeding grounds;
7. to protect wildlife habitat;
8. to preserve areas of special recreational, scenic, or scientific interest, including natural areas and habitat of endangered species;
9. to maintain and enhance the aesthetic qualities of developing areas; and
10. to encourage the continued economic growth of the Village which depends in part, on an adequate quality of water, a pleasing natural environment, and recreational opportunities in proximity to the Village.
C. Boundary. The procedures, standards and requirements contained in this Section shall apply to all lots within water bodies and streams, and to all lots identified wholly or in part on the stream and waterbody map adopted by the Board of Trustees, as amended from time to time.
D. Development Activities in Wetlands and Special Flood Hazard Area (SFHA) from Streams, Lakes and Ponds.
1. No development (except as provided in subsection 2) may occur within the SFHA without approved mitigation and in no case shall be less than fifty (50) feet from a natural watercourse or waterbody, as measured from the top of bank of the perennial stream, the centerline of an intermittent stream, or the ordinary high water mark of a lake or pond, or twenty-five (25) feet for an detention/retention basin, as measured from the high water level. (Ord. 2746 – 6/5/95 & Ord. 3070 – 10/20/97; Amd. Ord. 5221 – 9/18/17; Amd. Ord. 5312 – 7/16/18; Amd. Ord. 5822 - 7/17/23)
2. The following activities are permitted within the minimum setback area only if, as a practical matter, they cannot be located outside SFHA and/or setback and meet all federal, state, county, and Village’s Engineering requirements that apply. Such modification shall be approved only after preparation of a report prepared by a qualified professional and approved by the Director of Engineering. The report shall note that the modification will not adversely affect water quality; destroy, damage, or disrupt a high-quality aquatic resource; adversely affect drainage and/or stormwater retention capabilities; lead to unstable earth conditions; create erosion hazards or be materially detrimental to any other property in the area of the subject property or to the Village as a whole, including the loss of open space or scenic vistas: (Amd. Ord. 5167 – 2/20/17; Amd. Ord. 5822 - 7/17/23)
a. minor improvements, such as walkways, benches, footbridges, observation decks and docks;
b. the maintenance, repair, replacement and reconstruction of existing highways and bridges, electrical transmission and telecommunication lines, poles, and towers; and
c. the establishment and development of public and private parks and recreation areas, outdoor education areas, historic, natural and scientific areas, game refuges, fish and wildlife habitat improvement projects, game bird and animal farms, wildlife preserves and public boat launching ramps.
3. Only limited filling and excavating necessary for the development of public boat launching ramps, swimming beaches, or the construction of park shelters or similar structures shall be permitted. The construction and maintenance of roads necessary for these permitted uses shall be allowed only on a very limited basis and where no alternate location outside of the setback area is available.
4. Land surface modification within the minimum setback shall be permitted for the purpose of constructing stormwater drainage swales between the developed area of a lot (including a storm-water detention facility on the lot) and a stream, lake or pond.
5. An applicant for a special use permit must stabilize any areas left exposed after land surface modification with vegetation normally associated with the affected stream, lake or pond. The planting of native riparian vegetation is recommended as the preferred stabilization measure. Other techniques shall be used only when and where vegetation fails to control erosion. One alternative is rip-rap, using natural rock materials where practicable, installed on eroding bank areas in a manner that provides interstitial space for vegetative growth and habitat for macroinvertebrates and other stream organisms. (Exhibit No. STS-13) Lining of the stream channel bottom shall not be permitted.
6. Access to property located near a stream, lake or pond or related environmentally sensitive area, shall be minimized when such access would adversely affect such area.
7. Silt or sediment basins shall not be installed within a perennial stream channel or a waterbody. However, such basins may be installed within an intermittent stream channel.
E. Local Stream and Waterbody Protection Plan.
1. A local stream and waterbody protection plan shall be prepared for any proposed development within all or part of a stream or water body corridor, as identified by the Army Corps of Engineers, Illinois Department of Natural Resources, or the Village, and shall indicate:
a. Dimension and area of parcel;
b. Location of any existing and proposed structures;
c. Location of existing or proposed on-site sewage systems or private water supply systems;
d. Location of any perennial stream and its banks, the centerline of any intermittent stream, and any lake or pond as delineated by its ordinary height water mark;
e. Location of setback lines;
f. Location of 100 year floodplain limits;
g. Location of existing or future access roads;
h. Specifications and dimensions of areas proposed for wetland alterations;
i. Additional outside agency permitting required;
j. Appropriate details and sequence of construction if work impacting a stream and/or waterbody is proposed;
k. An assessment of the potential impact of the proposed development activity on the stream, lake or pond including, but not limited to, loss of flood storage potential, loss of habitat, changes in species diversity and quantity, impacts on water quality, increases in human intrusion and impacts on associated streams, lakes or ponds or downstream sensitive areas; and
l. Such other information as reasonably requested by the Director of Engineering. (Amd. Ord. 5167 – 2/20/17; Amd. Ord. 5822 - 7/17/23)
2. The developer shall present evidence that demonstrates that the proposed development shall not endanger health and safety, including danger from gas, electricity, fuel, shortcircuiting, grounding, igniting or electrocuting, and the obstruction or diversion of flood flow. The developer shall also show that the proposed development will not substantially reduce natural floodwater storage capacity, destroy valuable habitat for wildlife, adversely affect ground water resources, or increase stormwater runoff velocity so that water levels on other land are substantially raised or the danger from flooding increased.
F. Geologic and Soil Characteristics Report. The site proposed for development shall be investigated to determine the soil and geologic characteristics. A report, prepared by a registered professional engineer experienced in the practice of geological and soils mechanics, shall be submitted with each application for development within an environmentally sensitive area. This report shall include a description of soil type, stability of surface and subsurface conditions. Any area which the investigation indicates to be subject to geologic or soil hazards shall not be subjected to development unless the engineer can demonstrate conclusively that these hazards to the area can be overcome.
G. Hydrologic Controls. A hydrologic control plan that, in part, describes the hydraulic characteristics of nearby watercourses, prepared by a registered professional engineer experienced in civil engineering, shall be submitted with each application for development. Unless otherwise provided in this Section, the following restrictions, requirements and standards shall apply to all development:
1. natural open channel drainageways shall be preserved; and
2. runoff from areas of concentrated impervious cover (e.g., roofs, driveways, streets, patios, etc.) shall be collected and transported to a natural drainageway with sufficient capacity to accept the discharge without undue erosion or detrimental impact. Vegetated drainage swales are preferred over conveyances constructed of concrete or other manufactured materials.
H. Site Grading and Excavation.
1. A grading and excavation plan, prepared by a registered professional engineer trained and experienced in civil engineering shall be submitted with each application for development and shall include the following unless a site development plan that includes grading and excavation components has been or submitted in accordance with Section 5-106 of these regulations:
a. property contours at one (1) foot intervals;
b. details of the existing terrain, trees and woodlands, and drainage pattern;
c. dimensions, elevation and contours of grading, excavation and fill;
d. a description of methods to be employed in disposing of soil and other material that is removed from allowable grading and excavation sites, including the location of the disposal site if on the property;
e. a schedule showing when each stage of the project will be completed, including the total area of soil surface to be disturbed during each stage, and estimated starting and completion dates. The schedule shall be prepared so as to limit to the shortest possible period the time soil is exposed and unprotected. In no case shall the existing natural vegetation be destroyed, removed or disturbed more than fifteen (15) days prior to initiation of the improvements; and
f. a detailed description of the revegetation and stabilization methods to be employed, to be prepared in conjunction with the landscape plan provided in Subsection (I) (3), below.
2. Unless otherwise provided in this Section the following restrictions, requirements and standards shall apply to all construction:
a. every effort shall be made to develop the site in such a manner so as to minimize the alteration of the natural topography;
b. no grading, filling, cleaning, clearing, terracing or excavation of any kind shall be initiated until final engineering plans are approved and the application is approved by the Director of Engineering; and (Amd. Ord. 5653 - 11/1/21)
c. the depositing of any excavation, grading or clearing material within a stream, lake or pond shall be prohibited.
3. In addition to locating all site improvements on the subject property to minimize adverse impacts on the stream, lake or pond, the applicant shall install a berm, curb, or other physical barrier during construction, and following completion of the project, where necessary, to prevent direct runoff and erosion from any modified land surface into the stream, lake or pond. All parking and vehicle circulation areas should be located as far as possible from any stream, lake or pond.
4. The Village may limit construction activity in or near a stream, lake or pond to specific months and to a maximum number of continuous days or hours in order to minimize adverse impacts. The Director of Development Services may also require that equipment be operated from only one side of a stream, lake, or pond in order to minimize bank disruption. Other construction techniques, conditions, and restrictions may be required in order to minimize adverse impacts on streams, lakes or ponds and on any related areas not subject to development. (Amd. Ord. 5167 – 2/20/17)
I. Vegetation and Revegetation.
1. To minimize erosion, stabilize the streambank, protect water quality, keep nutrients out of the water, maintain water temperature at natural levels, preserve fish and wildlife habitat, screen man-made structures, and preserve aesthetic values of the natural stream, lake or pond, a natural vegetation strip shall be maintained along the edge of the natural watercourse or waterbody. Within required setbacks from a natural watercourse or waterbody, a natural vegetation strip shall extend landward twenty-five (25) feet, as measured from the top of bank of the perennial stream, the centerline of an intermittent stream, the ordinary high water mark of a lake or pond. Refer to the Stormwater Management Area Landscape in Section 6-305 for vegetation requirements adjacent to artificial detention/retention basins. (Amd. Ord. 5312 – 7/16/18)
2. Within the natural vegetation strip, trees and shrubs may be selectively pruned or removed for harvest of merchantable timber, to achieve a filtered view of the stream, lake or pond from the principal structure and for reasonable private access to the stream, lake or pond. Said pruning and removal activities shall insure that a live root system stays intact to provide for streambank stabilization and erosion control.
3. A landscape plan, prepared by a professional landscape architect, shall be submitted with each application for development and shall contain the following:
a. a plan describing the existing vegetal cover of the property and showing those areas where the vegetation will be removed as part of the proposed construction; and
b. a plan describing the proposed revegetation of disturbed areas specifying the materials to be used.
4. The landscape plan will be evaluated according to:
a. the character and size of the proposed development and potential for adverse impact on the stream, lake or pond;
b. the width of the stream;
c. the topography of the area;
d. the type and stability of the soils;
e. the type and density of the existing vegetation; and
f. the existence of diseased trees or trees in danger of falling.
J. Watercourse Relocation and Minor Modifications.
1. Watercourse relocation or modification is generally not permitted because these activities are not usually consistent with the purposes of this Section. Under unusual circumstances, relocation and minor modification may be permitted as a special use where:
a. off-site hydrological conditions are causing erosion, flooding and related problems; or
b. on-site soil and geological conditions are resulting in unstable conditions that pose hazards to life, health, and existing development; and
c. a mitigation plan is prepared and approved by the Village Board of Trustees which results in a watercourse habitat equal to or better than the original condition.
2. Channelization shall not be permitted, except for an area within the right-of-way and within fifty (50) feet of the right-of-way of any roadway that crosses a watercourse.
3. Modification of watercourses as a convenience for site design purposes shall not be permitted. Stream modification, when permitted, shall be subject to the following conditions and restrictions:
a. water quality, habitat, and storm water retention must be significantly improved by the modification and no significant habitat area may be destroyed;
b. the amount of flow and velocity of a stream shall not be increased or decreased as the stream enters or leaves a subject property unless this reflects an improvement over previous conditions in terms of reduced flooding, reduced erosion, or enhanced low-flow conditions; and
c. prior to diverting water into a new channel, a qualified professional approved by the Director of Engineering inspects the stream modification and issues a written report to the Director of Engineering that the modified stream complies with the requirements of this Section. (Amd. Ord. 5653 - 11/1/21)
4. Stream relocation shall be permitted in accordance with a stream relocation plan which provides for:
a. the creation of a natural meander pattern, pools, ripples, and substrate;
b. the formation of gentle side slopes (at least 3 feet horizontally for 1 foot vertically), including installation of erosion control features;
c. the utilization of natural materials wherever possible;
d. the planting of vegetation normally associated with streams, including primarily native riparian vegetation;
e. the creation of spawning and nesting areas wherever appropriate;
f. the re-establishment of the fish population wherever appropriate;
g. the restoration of water flow characteristics compatible with fish habitat areas, wherever appropriate;
h. the filling and revegetation of prior channel;
i. the proposed phasing plan specifying time of year for all project phases; and
j. plans for sediment control.
5. Stream channel armoring in the form of bulkheads, rip-rap or other materials or devices shall not be permitted except in accordance with the following:
a. significant erosion cannot be prevented in any other way and the use of vegetation will not sufficiently stabilize the shoreline or bank;
b. the bulkhead, rip-rap or other device will minimize the transmittal of wave energy or currents to other properties; and
c. the change in the horizontal or vertical configuration of the land is kept to a minimum.
6. Culverts shall not be permitted in streams except in accordance with following:
a. where a culvert is necessary for creating access to a property (convenience in order to facilitate general site design is not to be considered);
b. the culvert allows passage of fish inhabiting the stream, and accommodates the 100 year storm, except where a restricting culvert is desirable as part of an overall stream and flood management plan; and
c. the culvert shall be maintained to be free of debris and sediment to allow free passage of water and, if applicable, fish.
K. Ownership and Control. The Village shall require an applicant to submit a proposed plan of ownership and control of the local stream and water body area. The Board of Trustees shall approve the proposed plan prior to the Board of Trustees' approval of the development, provided that the applicant has demonstrated that the proposed ownership and control will adequately protect the local stream and water body area in accordance with the standards of these regulations. Methods of ownership and control may include, but are not limited to, homeowner association covenants, Village management plans or private protection plans.
L. Stream Channel and Waterbody Development Permit.
1. Except as otherwise provided in this Section, to ensure that proposed development can be carried out which is compatible and harmonious with the natural amenities of the stream channel area and with surrounding land uses, no person shall commence development within the minimum setback area without first having obtained a Stream Channel and Waterbody Development Permit. A request for a permit shall be submitted to and approved by the Director of Engineering. (Amd. Ord. 5653 - 11/1/21)
2. No permit shall be issued unless the applicant submits engineering data, surveys, site plans and other information as the Village may reasonably require in order to determine the effects of such development on the affected land and water areas. The permit shall not be approved by the Director of Engineering unless:
a. the development will not detrimentally affect or destroy natural features such as streams, lakes, ponds, and forested areas, but will preserve and incorporate such features into the development's site design;
b. the location of natural features and the site's topography have been considered in the designing and citing of all physical improvements;
c. adequate assurances have been received so that the clearing of the site of top soil, trees, and other natural features before the commencement of building operations will occur. Only those areas approved for the placement of physical improvements may be cleared;
d. the development will not substantially reduce the natural retention storage capacity of any stream, lake or pond, thereby increasing the magnitude and volume of flood at other locations;
e. the soil and subsoil conditions are suitable for excavation and site preparation and the drainage is designed to prevent erosion and environmentally deleterious surface runoff; and
f. the development will be free from offensive noise, vibration, smoke, dust and other particulate matter, odorous matter, fumes, water pollution, and other objectionable influences.
(Amd. Ord. 5653 - 11/1/21)
3. No structure shall be constructed, altered, enlarged or otherwise created or moved, nor shall there be any clearing or removal of natural ground cover and/or trees in connection with site preparation for construction, immediate or future, within the sensitive area for any purpose unless a permit is granted subject to the provisions of this Section.
4. Dumping, filling, mining, excavating, dredging, or transferring of any earth material within the area is prohibited unless a special use permit is granted. However, normal gardening, farming and housekeeping activities shall not be affected.
5. No ponds or pools shall be created and no other alterations or improvements shall be allowed in the sensitive area for recreational uses, storm water management, agricultural uses, or as scenic features, unless a special use permit is granted.
M. Permit Exceptions. The permit provisions of this Section shall not apply to:
1. emergency work necessary to preserve life or property. When emergency work is performed under this Section, the person performing it shall report the pertinent facts relating to the work to the Village within ten (10) days after commencement of the work and shall thereafter obtain a special use permit and shall perform such work as may be determined by the Director of Engineering to be reasonably necessary to correct any impairment such emergency work may have caused to the water conveyance capacity of the watercourse; and (Amd. Ord. 5653 - 11/1/21)
2. work consisting of the operation, repair, or maintenance of any lawful use of land existing on the date of adoption of these regulations.
N. Effect on Other Permits. The granting of a permit under the provisions of this Section shall in no way affect the owner's responsibility to obtain the approval required by any other statute, ordinance, or regulation of any state agency or subdivision thereof, or to meet other Village ordinances and regulations.
O. Expiration of Permit. Each permit shall expire and become null and void if the work authorized by such permit has not been commenced within six (6) months, or work is not completed by a date which shall be specified in the permit; except that the Director of Development Services may, if the permittee presents satisfactory evidence that unusual difficulties have prevented work being commenced or completed within the specified time limits, grant a reasonable extension of time if written application is made before the expiration date of the permit. (Amd. Ord. 5167 – 2/20/17)