A. Adoption: The provisions of the Kane County stormwater management ordinance, adopted by Kane County board on November 14, 2000, revised October 9, 2001, and October 12, 2004, and August 22, 2008, effective November 13, 2008, not less than three (3) copies which have been and are now filed in the office of the clerk of the village of West Dundee, Illinois, are hereby adopted in total, with the exception of the special regulations listed below which supplement and replace the concurrent sections of the Kane County stormwater management ordinance as the regulations governing any activity that affects stormwater runoff or involves stormwater management. This chapter and the amendments noted hereafter shall become effective immediately.
B. Amendments: The following are amendments to the Kane County stormwater management ordinance, adopted in subsection A of this section:
Article 202(b) is deleted in its entirety and the following text inserted:
Minor stormwater systems shall be sized to convey runoff from the tributary watershed under predevelopment or fully developed conditions, as the case may be, producing the greatest amount of runoff. The recurrence frequency for design purposes shall be the 10-year storm event and the duration shall be the critical duration producing the greatest amount of runoff to the point of design consideration. The rainfall data shall be from ISWS bulletin 70. Unless otherwise approved by the director of public works, pipe capacity shall be provided such that the calculated hydraulic grade line does not exceed the top of pipe elevation and inlet capacity shall be provided such that depth of ponding does not exceed 6 inches to facilitate the afore-noted design event. In the case of a minor stormwater system composed of drainage swales, the hydraulic grade line shall not exceed the top of swale or the lowest adjacent foundation grade minus one foot, whichever is lower.
Article 203(b) is deleted in its entirety and the following text inserted:
Absent any applicable watershed plan or interim watershed plan, sufficient storage shall be provided such that the probability of the post-development release rate exceeding 0.1 cfs/acre of development shall be less than one percent (1%) per year and the probability of the post-development release rate exceeding 0.04 cfs/acre of development shall be less than fifty percent (50%) per year. Design runoff volumes shall be calculated using event hydrograph methods. The administrator may specify more restrictive release rates when downstream conditions warrant. However, storage within gravel beneath permeable paving and beneath bio-retention facilities is permissible with approval by the administrator.
Article 203(h)(10) shall be appended to article 203(h) and shall read as follows:
Paved parking lots may not be utilized to provide any portion of the required site runoff storage volume.
Article 500(c) is deleted in its entirety and the following text inserted:
A. The following schedule of fees is established for the filing and review of all stormwater permit applications and the inspection of construction or maintenance activities related to required improvements:
1. Filing fee (payable when permit application is filed): $50.00
2. Cash deposit - reimbursement for professional services:
B. At the time that an applicant files an application for a stormwater management permit, said applicant shall submit a deposit with the village in the amount of two thousand five hundred dollars ($2500.00) to reimburse the village for expenses associated with the review and administration of the permit application. Such deposit shall be in the form of cash, certified check, or money order and shall be applied to village staff and professional consulting services as follows:
1. Public recording fees
2. Fees for the village attorney's review and negotiations in connection with the filing, review, and construction of the project
3. Fees for consultant's review and consultation in connection with the filing, review, and construction of the proposed work including meetings and associated tasks. Consultants may include but are not to be limited to engineers and wetland specialists.
C. Reimbursement for village staff review: One hundred forty percent (140%) of the hourly rate or prorate salary of each member involved in reviews, meetings, inspections or any associated tasks relative to a stormwater permit application. The reimbursement includes administrative overhead expenses relating to village staff wages and salaries.
D. The applicant shall pay all fees within 30 days of invoice by the village subsequent to performance of said tasks. Any dispute of payment shall be sent in writing to the administrator within 30 days of invoice by the village. Failure to respond within the 30 day period shall result in a default of permit obligation and allow the administrator to revoke the permit.
Article 703.a is deleted in its entirety and the following text inserted:
Any person found guilty of an offense under this ordinance shall pay a civil fine in an amount of not less than $100 and not more than $1,000. Each calendar day during which such violation continues to exist shall constitute a separate offense. In addition to the penalties provided in this chapter, the village may recover reasonable attorney's fees, court costs, court reporter fees, and other expenses of litigation by appropriate suit against the person found to have violated this chapter or the rules, regulations, permits, or orders issued hereunder.
Article 902 is deleted in its entirety and the following text inserted:
A. The following schedule of fees is established for the filing and review of all stormwater permit variances:
1. Filing fee (payable when permit application is filed): $50.00
2. Cash deposit - reimbursement for professional services:
B. At the time that an applicant files an application for a variance, said applicant shall submit a deposit with the village in the amount of two thousand five hundred dollars ($2500.00) to reimburse the village for expenses associated with the review and administration of the variance application. Any fees in excess of the deposit are also the responsibility of the applicant. Such deposit shall be in the form of cash, certified check, or money order and shall be applied to village staff and professional consulting services as follows:
1. Public recording fees
2. Fees for the village attorney's review and negotiations in connection with the filing, review, and construction of the project
3. Fees for consultant's review and consultation in connection with the filing, review, and construction of the proposed work including meetings and associated tasks. Consultants may include but are not to be limited to engineers and wetland specialists.
C. Reimbursement for village staff review: One hundred forty percent (140%) of the hourly rate or prorate salary of each member involved in reviews, meetings, inspections or any associated tasks relative to a stormwater permit variance application. The reimbursement includes administrative overhead expenses relating to village staff wages and salaries.
D. The applicant shall pay all fees within 30 days of invoice by the village subsequent to performance of said tasks. Any dispute of payment shall be sent in writing to the administrator within 30 days of invoice by the village. Failure to respond within the 30 day period shall result in a default of permit obligation and allow the administrator to revoke the permit.
Article 1000(b) responsibility for administration shall be amended by appending the following sentence and shall read as follows:
The administrator for the village of West Dundee shall be the director of community development of the village of West Dundee.
Article 1001 duties of director add language to read as follows:
A minimum of 45 days prior to the Kane County board's consideration of a revision(s) to the Kane County stormwater ordinance, the director shall notify and provide a copy of said revision(s) to every certified community (the certified community's stormwater administrator and city/village engineer), and the proposed date said revision(s) will be presented to the Kane County board's executive committee. Stormwater administrators or their designees shall be allowed to present oral or written comments to the Kane County board's executive committee expressing their comments relating to said stormwater ordinance revision(s).
Article 1004 oversight committee shall be amended by appending the following sentence and shall read as follows:
The oversight committee for the village of West Dundee shall be the village board of the village of West Dundee.
Article 1201(a)(3) is deleted in its entirety and the following inserted therefore:
An irrevocable letter of credit in favor of the permitting authority or such other adequate security as the administrator may approve, in an amount equal to 125% of the approved estimated probable cost to complete the construction of any required stormwater facilities.
Article 1300(a)(1) is deleted in its entirety and the following text inserted:
The cost of otherwise providing the required storage considering land cost valued according to the use to which it will ultimately be put if not used to provide the required storage and the cost of making the otherwise required stormwater management improvements. This cost shall be solely determined by the village administrator utilizing the services of a qualified MAI real estate appraiser as to land value and a registered professional engineer as to the estimated costs of the otherwise required stormwater management improvements.
(Ord. 2009-02, 3-16-2009)
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