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A. Except as hereinafter provided, that certain document titled "DuPage County Countywide Stormwater and Floodplain Ordinance", effective May 14, 2019, (the "County ordinance"), a copy of which is on file in the Office of the City Clerk, shall be and is hereby adopted as the ordinance for the City regulating stormwater management, Best Management Practices (BMPs), erosion control, and floodplain matters within the City; and each and all of the regulations, provisions, penalties, conditions and terms of said Countywide stormwater and floodplain ordinance, as amended herein, on file in the Office of the City Clerk, are hereby referred to, adopted and made part hereof as if fully set forth in this section.
B. The following sections of the DuPage County Countywide stormwater and floodplain ordinance, as effective within the corporate boundaries of the City, are hereby amended as follows:
1. Section 15-55 is amended to add a new subsection E thereto, which subsection shall hereafter be and read as follows:
15-55.E. Where new stormwater facilities are installed on private property pursuant to a stormwater management certification (hereinafter referred to as the certification) issued by the city of Warrenville and as required by this ordinance and said stormwater facilities are not located in a clearly dedicated stormwater management easement area or subject to a home owners' association declaration of covenants satisfying the requirements of 15-55.E.1 through 15-55.E.4 below, the administrator shall have the authority to require owner of said private property to execute and submit to the city of Warrenville a declaration of stormwater facility maintenance agreement and covenant in the form periodically approved by the Warrenville city council. The executed and submitted stormwater facility maintenance agreement and covenant shall:
15-55.E.1. Document the owner's responsibility to manage, operate, and maintain any and every portion of the stormwater facilities required under the certification in accordance with the provisions of the stormwater facility maintenance agreement and covenant, this ordinance, and as may be reflected on the approved as-built drawing(s).
15-55.E.2. Run with the property and shall be binding upon and inure to the benefit of the owner of the property, the owner's successors, assigns and grantees, and all parties claiming by, through, and under them.
15-55.E.3. Grant the city the right to enter the property to inspect, and evaluate the performance of, the stormwater facilities, and, in the event the city determines, in its sole and absolute discretion, that prior maintenance of the stormwater facilities is not performed at any time, the city, after ten (10) days prior written notice to the owner, may, but shall not be obligated to, enter upon the property for the purpose of performing maintenance work on and to the stormwater facilities.
15-55.E.4. Allow the city to charge the owner an amount sufficient to defray the entire cost of any work performed pursuant to 15.55.E.3 of this section, including administrative costs, either before or after such cost is incurred, and if the amount so charged is not paid by the owner following a demand in writing by the city for such payment, such charge, together with interest and costs of collection, shall become a lien upon the property and the city shall have the right to collect such charge, with interest and costs, and to enforce such lien as in foreclosure proceedings as permitted by law.
15-55.E.5. Allow the city to enforce the stormwater facility maintenance agreement and covenant and recover its attorney's fees and costs in any enforcement action where it is the prevailing party.
15-55.E.6. Become a permanent record in the file maintained by the city of Warrenville on the property.
15-55.E.7. Be recorded, at the expense of the owner, against the property in the office of the DuPage County recorder of deeds prior to the city of Warrenville issuing a full, unconditional, certificate of occupancy permit for the property.
(Ord. O2018-53, 11-19-2018)
2. Section 15-114 is amended to add a new subsection I thereto, which subsection shall hereafter be and read as follows:
15-114.I. The applicant shall be responsible for all out of pocket costs incurred by the city for the appeal process including, but not limited to publication for legal notice, court reporter, transcript, printing, recording fees and outside city consultants unless the applicant's appeal is upheld by the oversight committee, in which case the fees for publication of legal notice, printing, recording and outside city consultants shall be refunded to the applicant.
(Ord. O2017-38, 6-19-2017; amd. Ord. O2019-35, 7-1-2019)
The fees for review, issuance and inspection of the stormwater management certification and recording of required declaration of stormwater facility maintenance agreement and covenant for approved developments shall be as follows:
A. Application Fee: An application fee shall be charged as set forth in the annual fee ordinance.
B. Inspection Fee: An inspection fee shall be charged as set forth in the annual fee ordinance.
C. Recording Fee: An additional fee, set forth in the annual fee ordinance, shall be charged when the City’s stormwater management certification requires a declaration of stormwater facility maintenance agreement and covenant to be recorded against the applicant’s property. The fee shall be paid prior to City issuance of the stormwater management certification.
D. Additional Fees: Payments shall be made from the application fee for City services for the review of the document, issuance of the certification and inspection of installation of the stormwater facilities based on time spent by staff multiplied by the employee actual hourly rate or consultant’s hourly rate. Consultants may add a charge for overhead and professional fee. An additional charge shall be added to the staff or consultant charge for City administrative and executive services as set forth in the annual fee ordinance. In the event the amount of the application or inspection fee is exhausted by such charges, the City, at its discretion, may require the payment of additional monies for such services.
E. Additional Application And Inspection Fees For Development That Involves Wetland Issues: In order for the City to: 1) review and approve stormwater management certification applications for development that involves wetland issues and 2) inspect the installation and establishment of projects involving wetland issues, the City is required by the DuPage County Countywide stormwater and floodplain ordinance to utilize the services of special environmental consultants (i.e., environmental scientists and soil scientists). Since each development that involves wetland issues has unique circumstances and challenges and such developments can, by their nature, vary greatly in complexity, the City has determined that it would not be fair or equitable to establish a standard flat application and inspection fee for stormwater certifications that involve wetland issues.
The applicant/developer shall reimburse the City for all environmental consulting costs it incurs during the review, approval and inspection of development that involves wetland issues. Said reimbursement shall be made within thirty (30) days from the applicant’s/developer’s receipt of an invoice for said costs from the City. The City’s invoice to the applicant/developer shall add an additional charge as set forth in the annual fee ordinance. If the applicant/developer does not pay said City invoices within thirty (30) days of their receipt, the Director of Community and Economic Development shall be authorized to: 1) draw on the applicant’s/developer’s letter of credit in the amount of the unpaid invoice or 2) in cases where there is no letter of credit, withhold the issuance or revoke previously issued construction and occupancy permits associated with the development project.
(Ord. O2017-38, 6-19-2017; amd. Ord. O2018-10, 3-19-2018; Ord. O2024-06, 2-5-2024)
All new detention/retention facilities that serve multiple lot developments shall be located on a separate outlot that is owned and maintained by an association created for such purpose unless the City Council approves another arrangement based on specific unique circumstances or special conditions. Said outlot shall encompass all required detention/retention pond improvements, including, but not limited to, required detention/retention pond landscaping and the detention/retention pond outfall structure. (Ord. O2017-38, 6-19-2017)
In addition to the other rules and regulations set forth in this chapter, open stormwater detention facilities shall comply with the following design criteria:
A. Bottom Slope: The bottom slope shall be two percent (2%) or steeper in order to prevent wet areas which may kill the intended ground cover or promote the growth of nuisance plant species.
B. Low Flow Pipes And/Or Paved Channels: Low flow pipes and/or paved channels shall not be permitted. The ends of storm sewers draining runoff into the detention pond shall be located at least fifty feet (50') away from the pond outlet to ensure sufficient filtering of contaminants.
C. Side Slopes: Vegetated side slopes shall be four to one (4:1) or flatter. Seeded slopes shall be protected with an approved erosion control mat designed for that application.
D. Retaining Walls: Retaining walls shall not be permitted on more than fifty percent (50%) of the pond perimeter. Retaining walls shall be constructed of modular blocks. Retaining walls 3.0 feet or taller shall be designed by a registered structural engineer or a registered architect. Stepped walls count as one wall system (e.g., a 2 foot lower wall plus a stepped 2 foot upper wall equals a 4 foot wall). Safety fencing shall be provided along the top edge of any retaining wall greater than 3.0 feet in height.
E. Bounce: The maximum bounce (high water level minus the outlet invert elevation) on a detention pond shall be four feet (4').
F. Outfall Pipe: The outfall pipe from a detention pond shall be provided with a flared end section and steel grating.
G. Perimeter Berm: For any detention pond at least partially enclosed by an earthen berm, the top of the berm shall be at least one foot (1') higher than the design high water level and at least two feet (2') wide.
H. Emergency Overflow Weir: An emergency overflow weir shall be provided at an elevation above the design high water level, and not less than six inches (6") below the top of berm. The overflow weir shall be armored from the top of berm to the outside toe of slope. If the weir is armored with riprap or other porous material, the subgrade under the riprap shall be equal to or above the design high water level. The weir shall be wide enough to convey one cfs per tributary acre. Weirs facing adjacent single-family residential properties or public streets shall be incorporated into the landscape design for the facility and shall be designed to minimize negative visual impacts by incorporating landscape stone, grasscrete or an approved equal material in lieu of concrete or standard riprap.
Requests for relief from the requirements of this section will be processed by the Oversight Committee. A public hearing or a published legal notice is not required for any such request unless the request also involves relief from the requirements of the DuPage County Countywide Stormwater and Floodplain Ordinance. The applicant will be responsible for payment of any nonrefundable application fees to appear before the Plan Commission/Oversight Committee. (Ord. O2017-38, 6-19-2017)
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