ADMINISTRATION

§ 164.160 RESPONSIBILITY FOR ADMINISTRATION.

   (A)   The County Board shall determine policy related to this chapter.

   (B)   The Chief Subdivision Engineer shall administer this chapter. In performing his or her duties, the Chief Subdivision Engineer may delegate and oversee enforcement of responsibilities to any named designee.

   (C)   The county shall remain solely responsible for unincorporated county’s standing in the national flood insurance program, including:

      (1)   The maintenance of all records and the submission of all reports required for eligibility in the program, including elevation certificates, flood proofing certificates and lowest floor elevations; and

      (2)   The notification of the Director of the County Stormwater Management Committee, FEMA and IDNR-OWR of any proposed amendment to this chapter.

(Ord. 10-164, passed 6-17-2010)

§ 164.161 DUTIES OF COUNTY EXECUTIVE.

   The County Executive shall supervise the enforcement of this chapter.

(Ord. 10-164, passed 6-17-2010)

§ 164.162 DUTIES OF CHIEF SUBDIVISION ENGINEER.

   The Chief Subdivision Engineer shall:

   (A)   Receive a listing of all required federal, state, regional and county permit applications filed for the project prior to issuing a permit under this chapter for areas covered by other stormwater related jurisdictions. The Chief Subdivision Engineer may request copies of the stormwater related permit applications;

   (B)   Ascertain whether any floodplains/floodways exist on any site that is the subject of an application for a permit under this chapter and whether or not any new development is within the SFHA;

   (C)   Review permit applications and determine whether to issue or deny permits;

   (D)   Ensure that the required notice of an application for a variance has been given in accordance with §§ 164.143, 164.166 and 164.167;

   (E)   Notify an applicant for a variance that the variance may result in increased rates for flood insurance;

   (F)   Notify the Director of an application for a variance;

   (G)   Provide for inspections of developments as required by this chapter;

   (H)   Investigate complaints of violations of this chapter;

   (I)   Notify violators within regulatory floodplains that failure to comply with the provisions of the national flood insurance program could make them ineligible to receive flood insurance;

   (J)   Initiate any proceeding necessary to enforce this chapter;

   (K)   Advise, consult and cooperate with other governmental agencies to promote the purposes of this chapter;

   (L)   Maintain copies of all applications and submittals, federal and state permits, variances, CLOMR, LOMR, CLOMA, LOMA and all documentation associated with any of the foregoing for public inspection;

   (M)   Maintain documentation and data on the cost of any improvement to a structure in the floodplain in order to enforce the provisions of this chapter pertaining to substantial improvements to those structures; and

   (N)   Notify adjacent communities in writing 30 days prior to issuing a permit for the alteration or relocation of a watercourse.

(Ord. 10-164, passed 6-17-2010)

§ 164.163 REPRESENTATIVE CAPACITY.

   In all cases when any action is taken by the Chief Subdivision Engineer or his or her duly appointed designee, to enforce the provisions of this chapter, the action shall be taken either in the name of the county and neither the Chief Subdivision Engineer nor his or her designee, in so acting shall be rendered personally liable.

(Ord. 10-164, passed 6-17-2010)

§ 164.164 OVERSIGHT COMMITTEE.

   The Land Use and Development Committee shall act as the oversight committee for the county.

(Ord. 10-164, passed 6-17-2010)

§ 164.165 PLANNING AND ZONING COMMISSION.

   (A)   Generally. Unless otherwise stated herein, the Planning and Zoning Commission’s creation, membership, meetings and rules, and its finality of decisions shall follow § 14.4 of the County Zoning Ordinance.

   (B)   Jurisdiction. The Planning and Zoning Commission is hereby vested with the following jurisdiction and authority:

      (1)   To hear appeals from any order, requirement, decision or determination made by the Chief Subdivision Engineer under this chapter;

      (2)   To hear and pass upon application for variations from the terms provided in this chapter in the manner prescribed by, and subject to, the standards established herein; and

      (3)   To hear and make recommendations to the County Board on all matters as is required under this comprehensive amendment as prescribed by statute.

(Ord. 10-164, passed 6-17-2010)

§ 164.166 SERVICE.

   Unless otherwise provided herein, service of any notice or instrument under this chapter may be made upon any person in one of the following manners:

   (A)   By certified mail/return receipt requested, postage prepaid and addressed to the address then on file for the person, if any, or if none, to the person’s last known address; or

   (B)   By any method prescribed under the State Code of Civil Procedure.

(Ord. 10-164, passed 6-17-2010)

§ 164.167 PUBLICATION.

   Unless otherwise provided herein, publication of any notice or other instrument under this chapter shall be made by publishing the notice or other instrument once in a newspaper published within the county having a general circulation within the county, the publication being not less than 15 or more than 30 days before the hearing or other event to which the publication relates.

(Ord. 10-164, passed 6-17-2010)

PERFORMANCE SECURITY

§ 164.180 GENERAL SECURITY REQUIREMENTS.

   (A)   Generally. As security to the county for the performance by the developer of the developer’s obligations to complete the construction of any stormwater facilities required by the site development permit, to pay all costs, fees and charges due from the developer pursuant to the permitting authorities of this chapter and to otherwise faithfully perform the developer’s undertakings pursuant to this chapter the developer shall, prior to issuance of a site development permit:

      (1)   Post a development security as provided in § 164.181 of this chapter;

      (2)   Post a sediment and erosion control security as provided in § 164.182 of this chapter, if a sediment and erosion control plan is required pursuant to § 164.082 of this chapter;

      (3)   Post a maintenance and monitoring security for wetland mitigation. See § 164.067; and

      (4)   A single letter of credit may be provided combining divisions (A)(1) and (A)(2) above if approved by the Chief Subdivision Engineer.

   (B)   Cost and responsibility. The developer shall bear the full cost and responsibility of securing and maintaining the securities required by this section.

   (C)   Exemptions. A development security shall not be required for any of the following developments unless the Chief Subdivision Engineer deems one necessary for the project:

      (1)   Developments on individual parcels that are associated with a single-family residence, including but not limited to homes, additions, decks, sheds and swimming pools; and

      (2)   Agricultural practices applicable under § 164.024 of this chapter.

(Ord. 10-164, passed 6-17-2010)

§ 164.181 DEVELOPMENT SECURITY.

   (A)   A development security shall be posted and shall include:

      (1)   A schedule, agreed upon by the developer and the Chief Subdivision Engineer, for the completion of the construction of any stormwater facilities required by the permit;

      (2)   An irrevocable letter of credit, or cash deposit as the Chief Subdivision Engineer may approve, in an amount equal to not less than 125% of the estimated probable cost to complete the construction of any stormwater facilities required by the development permit, which estimated probable cost shall be prepared by a registered professional engineer and shall be approved by the Chief Subdivision Engineer. A corporation with a bond rating of “A” or higher from a major investment firm (i.e., Standard and Poor, Moody or equivalent) would be deemed to have adequate credit worthiness and is not required to post a letter of credit for projects that are not required to be located in public easements;

      (3)   A statement signed by the applicant granting the Chief Subdivision Engineer the right to draw on the security and the right to enter the development site to complete required work in the event that work is not completed according to the work schedule; and

      (4)   A statement signed by the applicant that the applicant shall indemnify the Department for any additional costs incurred attributable to the concurrent activities of or conflicts between the applicant’s contractor and the Department’s remedial contractor at the site.

   (B)   The security required by this section shall be maintained and renewed by the applicant, and shall be held in escrow by the Chief Subdivision Engineer until the conditions set forth in this section or other applicable provisions are satisfied.

   (C)   The Chief Subdivision Engineer may approve periodic reductions in the letter of credit based on progress of construction. However, not more than 75% of the security provided for in this section may be released prior to approval of record drawings and final inspection. A minimum of 25% or $3,000, whichever is greater, of the security shall be retained for a period of time not to exceed two years after completion of construction of all stormwater facilities required by the permit.

(Ord. 10-164, passed 6-17-2010)