ORDINANCE NO. MC-5-2014
AN ORDINANCE AMENDING TITLE 15 OF THE WINNETKA VILLAGE CODE TO PROVIDE FOR THE ADOPTION AND ADMINISTRATION OF THE WATERSHED MAINTENANCE ORDINANCE OF THE METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO
WHEREAS, the Village of Winnetka (“Village”) is a home rule municipality in accordance with Article VII, Section 6 of the Constitution of the State of Illinois of 1970 and, pursuant thereto, has the authority, except as limited by said Section 6 of Article VII, to exercise any power and perform any function pertaining to the government and affairs of the Village, including the power to regulate for the protection of the public health, safety and welfare; and
WHEREAS, on November 17, 2004, the Illinois General Assembly passed Public Act 093-1049 (hereinafter the “Act”), which declares that stormwater management in Cook County shall be under the general supervision of the; and
WHEREAS, on October 3, 2013, Board of Commissioners of the Metropolitan Water Reclamation District of Greater Chicago (“District”) adopted a Watershed Management Ordinance (hereinafter the “WMO”), effective on May 1, 2014; and
WHEREAS, the Village is located entirely within the boundaries of Cook County and is therefore subject to the requirements of the WMO; and
WHEREAS, pursuant to Article 14 of the WMO, the District may authorize municipalities to locally administer certain provisions of the WMO; and
WHEREAS, to be eligible to become an authorized municipality under the WMO, it is necessary for the Village to adopt the WMO by reference and to amend the Village Code as necessary to administer the WMO; and
WHEREAS, the Council of the Village of Winnetka (“Village Council”) finds and determines that providing for the local administration of the WMO is in the best interests of the health, safety and general welfare of the Village and its residents; and
WHEREAS, the Village Council further finds that providing for the local administration of watershed management within the Village, including the local administration of the WMO, is a matter pertaining to the Village’s government and affairs.
NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Winnetka, as follows:
SECTION 1: The foregoing recitals are hereby incorporated as the findings of the Council of the Village of Winnetka, as if fully set forth herein.
SECTION 2: Subsection A of Section 13.16.150, Stormwater service connections, of Chapter 13.16, Stormwater Utility, of Title 13 of the Winnetka Village Code, Municipal Utilities, is hereby amended to provide as follows:
A. No stormwater service connection shall be installed, repaired, maintained or replaced except by a licensed plumber who has first notified the Public Works Department. All such work shall be subject to the approval of the Public Works Department and shall be performed in accordance with all applicable provisions of this code, including without limitation the Winnetka Stormwater Management Code and the Watershed Managed Ordinance, and with the rules, regulations, standards and practices of the Public Works Department.
SECTION 3: Section 15.08.010, Adoption of Model Codes by Reference, of Chapter 15.08, Model Codes Adopted by Reference, of Title 15 of the Winnetka Village Code, Buildings and Construction, is hereby amended by adding a new subsection J, which shall provide as follows:
SECTION 4: Chapter 15.24, Sewer Code, of Title 15 of the Winnetka Village Code, Buildings and Construction, is hereby amended in its entirety, to provide as follows:
Sections:
15.24.010 Title.
15.24.020 Scope.
15.24.030 Rules of construction.
15.24.040 Definitions.
15.24.050 Enforcement and penalties.
15.24.060 Separate systems for sanitary and storm sewers.
15.24.070 Separate sewer connection for each building.
15.24.080 Sewer Back-up Prevention Program.
15.24.090 Sewer permits.
15.24.100 Inspection of sewer connection.
15.24.110 Use of public sewers.
15.24.120 Access to records.
Section 15.24.010 Title.
This chapter shall be known, cited and referred to as the Winnetka Sewer Code.
Section 15.24.020 Scope.
This chapter establishes the minimum requirements for construction activities in the Village pertaining to sanitary sewers and storm sewers for buildings, including their design, construction, maintenance, operation and connection into the public sewer systems.
Section 15.24.030 Rules of construction.
A. In the event of a conflict between the provisions of this chapter and any other provision of this code or applicable statutes, the provision imposing the stricter regulation, as determined by the Director of Public Works, shall prevail unless such interpretation is otherwise prohibited by law.
B. Words in the singular shall include the plural and words used in the plural shall include the singular.
Section 15.24.040 Definitions.
A. Terms Defined in Other Ordinances and Codes. Terms used in this chapter, but not otherwise defined, shall have the meanings ascribed to them in the Building Code, the Zoning Ordinance, this code or the codes adopted by reference in Chapter 15.08 of this code, including, without limitation, the Watershed Management Ordinance adopted by reference in Section 15.08.040(J) of this code, except that wherever the term “Director” is used in the Building Code, for purposes of this chapter it means the Director of Public Works, and wherever the term “Department” is used in the Building Code, for purposes of this chapter it means the Department of Public Works. The following terms shall have the meanings ascribed to them in the Illinois State Plumbing Code, 1993 Edition, as promulgated by the Department of Public Health in Title 77 of the Illinois Administrative Code, Chapter I, subchapter r, Part 890, as amended, which definitions are adopted by reference: building drain, building sewer, sewage, public sanitary sewer, storm sewer, combined building sewer.
B. Definitions. For purposes of this chapter, certain words are defined as follows:
“Control manhole” means a structure located on a site from which industrial wastes are discharged. The purpose of a control manhole is to provide access for a Village representative to sample and/or measure discharges.
“Natural outlet” means any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.
“WMO” or “Watershed Management Ordinance” means the Metropolitan Water Reclamation District of Greater Chicago Countywide Watershed Management Ordinance, October 2013, as amended, and as adopted by reference in Section 15.08.040(J) of this code.
Section 15.24.050 Enforcement and penalties.
Enforcement of this chapter, including penalties for violations, shall be pursuant to the provisions of Section 15.04.080 of this code.
Section 15.24.060 Separate systems for sanitary and storm sewers.
Each building shall be provided with a separate sewage outlet for stormwater, and with a separate sewage outlet for sanitary sewage. The building sanitary sewage service pipe shall be connected and fitted into the public sanitary sewer by the owner of the property being served, and the building stormwater service pipe shall be connected and fitted into the public stormwater sewer, if any, by the owner of the property being served. No sewer connections that will permit sanitary sewage to drain into any public stormwater sewer shall be made. No storm or surface water from any building or property shall be permitted to drain into any public sanitary sewer.
Section 15.24.070 Separate sewer connection for each building.
A Every building shall be separately and independently connected to a public sewer by a separate building service sewer pipe, when there is any such public sewer in the street adjoining the lot or parcel of land on which such building is erected.
B. The entire plumbing and drainage system of every building shall be entirely separate and independent from that of any other building, except that two buildings may be connected with the same stub on the public sewer by means of a manhole in the parkway in such manner as the Director of Public Works may direct.
Section 15.24.080 Sewer Back-up Prevention Program.
A. Cost-sharing program. Subject to the terms and conditions established in this section, a property owner who meets the eligibility standards of this section may apply to the Village for reimbursement of a portion of the cost of the initial installation of an overhead sewer or anti-back-up device.
B. Terms and conditions of the program.
1. Participants must meet the eligibility standards established by this section.
2. The maximum reimbursement made to any person under this program shall be as follows:
a. The maximum reimbursement for the initial installation of an overhead sewer shall be 50% of the cost of the initial installation or $5,000, whichever is less.
b. The maximum reimbursement for the initial installation of an anti-back-up device, 50% of the cost of the initial installation, or $3,500, whichever is less.
3. Only those costs associated with the initial installation of anti-back-up device or overhead sewer shall be considered eligible for reimbursement. No reimbursement shall be allowed either for the replacement, upgrade, repair or maintenance of any anti-back-up device or overhead sewer, or for the replacement of any anti-back-up device with an overhead sewer.
4. Reimbursements pursuant to this section shall be available only if the Village Council has allocated funds for such purpose in the Village's annual budget. The Village Council shall retain the sole and exclusive discretion to determine, for each fiscal year, whether and to what extent the program shall be funded.
5. The cost-sharing program established by this section:
a. shall be a voluntary undertaking of the Village, which the Village shall be entitled to terminate or suspend at any time for any reason;
b. shall not be construed as an assumption of responsibility for, or legal liability arising from the design, installation, operation, maintenance, repair or replacement of any private sewer line, overhead sewer or anti-back-up device, including without limitation, any damages or injuries arising from the failure or malfunction of such sewer line, overhead sewer or anti-back-up device; and
c. shall not be construed as a waiver of any statutory or common law defenses or immunities the Village may be entitled to raise in response to any actions or claims of liability for damage or injuries arising from the design, installation, use, operation or maintenance of any public or private sewer line or of any overhead sewer or anti-back-up device, including without limitation, damages or injuries arising from the failure or malfunction of any such sewer line, overhead sewer or anti-back-up device.
C. Eligibility standards. No person shall be eligible for reimbursement under this section unless all of the following conditions are met:
1. The applicant must be the owner of record of a single family home that was built before 1970 and that is not currently protected with any overhead sewer or anti-back-up device.
2. The reimbursement request must be for the initial installation of an overhead sewer or anti-back-up device. The cost of replacement, upgrade, repair or maintenance of an existing overhead sewer or anti-back-up device is not eligible for reimbursement.
3. The property owner or a qualified contractor acting on the owner's behalf, shall procure all necessary permits from the Village or other agencies to install the overhead sewer or anti-back-up device. All work shall comply with all applicable provisions of this Code, including all necessary inspections, contractor bonds or licenses. The property owner or the owner's contractor shall be responsible for scheduling all necessary inspections, and no reimbursement will be made for work that does not pass all required inspections.
4. The application for reimbursement shall be submitted with the permit application for the installation of the overhead sewer or anti-back-up device. The application form shall be provided by the Director
5. The application for reimbursement shall include a waiver, signed by the owner of record, waiving any and all claims against the Village for damages or injuries of any kind arising from the installation, operation, maintenance or repair of the overhead sewer or anti-back-up device, including without limitation, the failure or malfunction of the overhead sewer or anti-back-up device. The statement of the waiver shall be prescribed by the Village.
6. The property owner shall arrange for a pre-construction inspection, to be performed by the Village or its authorized agent, to locate any prohibited sources of stormwater inflow or infiltration to the sanitary sewer system. If this inspection reveals any prohibited sources of stormwater inflow or infiltration to the sanitary sewer system, the property owner shall correct them or cause them to be corrected, and arrange for a re-inspection by the Village or its authorized agent. All such prohibited sources of stormwater inflow or infiltration to the sanitary sewer system shall be corrected to the Village’s satisfaction before the applicant is eligible for reimbursement under this section.
7. No reimbursement shall be made until the work has been completed and has passed the final inspection as required by the applicable provisions of the Winnetka Sewer Code and .the Winnetka Building Code.
8. No reimbursement shall be made unless the property owner provides the Village with evidence, in the form of a signed and sworn contractor's statement certifying that the contractor has been paid in full for the completed work.
D. Authority of Director. The Director of Public Works shall have the authority and discretion to administer the cost-sharing program established by this section, subject to the control and direction of the Village Manager. The Director of Public Works shall establish such administrative procedures as may be necessary to implement the program, which shall include, but shall not be limited to, establishing administrative priorities for processing and granting reimbursement requests based on such factors as the time of filing, time of completion, location in the floodplain or in flood-prone areas, and availability of funding.
Section 15.24.090 Sewer permits.
A. Permits Required. No building drain, private sanitary or stormwater sewer for connection to any public sewer system shall be laid, nor shall any person lay, alter or disturb any part of any public sewer or drain connected into any public sewer system without first having obtained a permit for such work from the Director of Public Works. All sewer construction shall meet the applicable requirements of this chapter, the Public Works and Engineering Design Guidelines, and the WMO. In the event a permit from the Metropolitan Water Reclamation District of Greater Chicago is required for qualified sewer construction, such permit shall be obtained before the Village permit becomes effective and before any work begins.
B. Responsibility of Owner.
1. Except as provided in the following paragraph 2, the owner of the property to which sewer service is supplied shall be responsible for installing, repairing and maintaining, at the owner's expense, all drains, connections and fittings for the building sewer connections into the public sewer systems.
2. All repairs to that portion of the main public sewer line or pipe encompassed within its outer circumference shall be made by and at the expense of the Village. All repairs to the building sewer, including that portion of the connection, “Y,” or “T” lying outside of the outer circumference of the main public sewer line or pipe, shall be made by and at the expense of the owner of the premises served. Where the depth of a portion of the building sewer requiring repair under a public right-of-way exceeds 12 feet below grade, repairs shall require the inspection and approval of the Village Engineer prior to the commencement of and at the completion of any repair work, and the Village shall reimburse the owner of the premises served 50% of the reasonable and customary cost of the below grade sewer repair work approved by the Village Engineer. Notwithstanding any of the foregoing, the owner of the premises served shall in all circumstances be responsible for the entire cost of surface restoration required as the result of any repair work.
3. In the event that a failure develops or occurs in that portion of the building sewer to be maintained by the owner of the premises, the Village may close the public water service valve and discontinue the service of water to the premises until the required repairs are made to the defective portion of the building sewer by the owner of the premises.
(Amended MC-16-2002, 12/31/02)
C. Permit Applications. Applications for sewer permits shall be submitted by the owner on forms provided by the Director of Public Works. The application shall be accompanied by all required fees and deposits, which shall be set by resolution of the Village Council. The sewer contractor shall have a permit bond on file with the Director of Public Works prior to Village's acceptance of a sewer permit application. Any remaining permit or other fees owed to the Village shall be paid in full prior to any approved permit being released or in force.
Section 15.24.100 Inspection of sewer connection.
A written notice of intention to make a connection with a public sewer shall be filed at the office of the Director of Public Works at least twenty-four (24) hours before such connection is made. Every connection shall be left uncovered until it has been inspected and approved by the Director of Public Works, or an inspector from his or her office.
Section 15.24.110 Use of public sewers.
A. Prohibited Uses. It is unlawful to discharge or permit to be discharged any of the following described waters or wastes to any public sewer:
1. Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas;
2. Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewer treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant;
3. Any waters or wastes having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works;
4. Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastic, wood, unbound garbage, whole blood, paunch-belly manure, hair and flashings, entrails and paper dishes, cups and milk containers, either whole or ground by garbage grinders.
B. Uses Requiring Approval of Director. It is unlawful to discharge or cause to be discharged the following described substances, materials, waters or wastes if it appears likely in the opinion of the Director of Public Works that such works can harm either the sewers, sewerage treatment process or equipment; have an adverse effect on the receiving stream; or can otherwise endanger life or public property, or constitute a nuisance. In forming an opinion as to the acceptability of these wastes, the Director of Public Works will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials or construction of the sewers, nature of the sewage treatment plant, and maximum limits established by regulatory agencies. The substances prohibited are:
1. Any liquid or vapor having a temperature higher than one hundred fifty (150) degrees F (sixty-five (65) C);
2. Any waters or wastes containing toxic or poisonous materials; or oils, whether emulsified or not, in excess of one hundred (100) mg/l or containing substances which may solidify or become viscous at temperatures between thirty-two (32) degrees F and one hundred fifty (150) F (zero (0) degrees C and sixty-five (65) degrees C);
3. Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipment with a motor of three-quarter horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Director of Public Works;
4. Any waters or wastes containing strong acid, iron pickling wastes or concentrated plating solution whether neutralized or not;
5. Any waters or wastes containing iron, chromium, copper, zinc, or similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the Director of Public Works for such materials;
6. Any waters or wastes containing phenols or other taste or odor producing substances, in such concentrations exceeding limits which may be established by the Director of Public Works as necessary after treatment of the composite sewage, to meet the requirements of the state, federal, or other public agencies having jurisdiction for such discharge to the receiving waters;
7. Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Director of Public Works in compliance with applicable state and federal regulations;
8. Any wastes or waters having a pH in excess of 9.5;
9. Any mercury or any of its compounds in excess of 0.0005 mg/l as HG at any time except as permitted by the Director of Public Works in compliance with applicable state and federal regulations;
10. Any cyanide in excess of two mg/liter at any time except as permitted by the Director of Public Works in compliance with applicable state and federal regulations;
11. Materials which exert or cause:
a. Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, lime slurries and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate),
b. Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions),
c. Unusual biochemical oxygen demand, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works,
d. Unusual volume of flow or concentrations of wastes;
12. Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employees, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of agencies having jurisdiction over discharge to the receiving waters.
C. Authority of Director. If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in subsection B of this section, and/or which are in violation of the standards for pretreatment provided in the applicable federal regulations, and which in the judgment of the Director of Public Works may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Director of Public Works may, in his or her discretion, do any of the following:
1. Reject the wastes;
2. Require pretreatment to an acceptable condition for discharge to the public sewers;
3. Require control over the quantities and rates of discharge; and/or
4. Require payment to cover the added costs of handling and treating the wastes not covered by existing taxes or sewer charges.
If the Director of Public Works permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Director of Public Works, and subject to the requirements of all applicable codes, ordinances and laws.
(Prior code § 25.15)
The state and federal environmental protection agencies shall have access to any books, documents, papers and records of the Village which are applicable to the Village's system of sanitary sewer user charges for the purpose of making audit, examination, excepts and transcripts to insure compliance with the terms of any applicable state or federal rules, regulations or conditions.
(Prior code § 25.16)
SECTION 5: Title 15 of the Winnetka Village Code, Buildings and Construction, is hereby amended by adding a new Chapter 15.26, which shall be titled “Stormwater Management Code” and shall provide as follows:
Chapter 15.26
STORMWATER MANAGEMENT CODE
Section:
15.26.010 Title.
15.26.020 Scope.
15.26.030 Rules of construction.
15.26.040 Definitions.
15.26.050 Enforcement and penalties.
15.26.060 Separate systems for sanitary and storm sewers.
15.26.070 Watershed management permits.
15.26.080 Responsibility of Owner
15.26.090 Inspection of stormwater sewer connection.
15.26.100 Construction requirements
15.26.110 Storm and surface water connections.
15.26.120 Use of stormwater sewers.
Section 15.26.010 Title.
This chapter shall be known, cited and referred to as the Winnetka Stormwater Management Code.
Section 15.26.020 Scope.
This chapter establishes the minimum requirements for construction activities in the Village pertaining to storm sewers for buildings, including their design, construction, maintenance, operation and connection into the public stormwater sewer systems.
Section 15.26.030 Rules of construction.
A. In the event of a conflict between the provisions of this chapter and any other provision of this code or applicable statutes, the provision imposing the stricter regulation, as determined by the Director of Public Works, shall prevail unless such interpretation is otherwise prohibited by law.
B. Words in the singular shall include the plural and words used in the plural shall include the singular.
Section 15.26.040 Definitions.
A. Terms Defined in Other Ordinances and Codes. Terms used in this chapter, but not otherwise defined, shall have the meanings ascribed to them in the Building Code, the Zoning Ordinance, this code or the codes adopted by reference in Chapter 15.08 of this Code, including without limitation, the Watershed Management Ordinance adopted by reference in section 15.08.040(J) of this code, except that wherever the term “Director” is used in the Building Code, for purposes of this chapter it means the Director of Public Works, and wherever the term “Department” is used in the Building Code, for purposes of this chapter it means the Department of Public Works. The following terms shall have the meanings ascribed to them in the Illinois State Plumbing Code, 1993 Edition, as promulgated by the Department of Public Health in Title 77 of the Illinois Administrative Code, Chapter I, subchapter r, Part 890, as amended, which definitions are adopted by reference: building drain, building sewer, sewage, public sanitary sewer, storm sewer, combined building sewer.
B. Definitions. For purposes of this chapter, certain words are defined as follows:
“Natural outlet” means any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.
“WMO” or “Watershed Management Ordinance” means the Metropolitan Water Reclamation District of Greater Chicago Countywide Watershed Management Ordinance, October 2013, as amended, and as adopted by reference in Section 15.08.040(J) of this code.
Section 15.26.050 Enforcement and penalties.
Enforcement of this chapter, including penalties for violations, shall be pursuant to the provisions of Section 15.04.080 of this code.
Section 15.26.060 Separate systems for sanitary and storm sewers.
Each building shall be provided with a separate outlet for stormwater. The building stormwater service pipe shall be connected and fitted into the public stormwater sewer, if any, by the owner of the property being served. No sewer connections that will permit sanitary sewage to drain into any public stormwater sewer shall be made. No storm or surface water from any building or property shall be permitted to drain into any public sanitary sewer.
Section 15.26.070 Watershed management permits.
A. Permits Required. No building drain, private stormwater sewer for connection to any public sewer system shall be laid, nor shall any person lay, alter or disturb any part of any public sewer or drain connected into any public sewer system, nor shall any person perform land grading, stormwater management, or other development regulated by the Cook County Watershed Management Ordinance, without first having obtained a permit for such work from the Director of Public Works. In the event a permit from the Metropolitan Water Reclamation District of Greater Chicago is required for connection to the sewer system, such permit shall be obtained before the Village permit becomes effective and before any work begins.
B. Permit Applications. Applications for sewer permits shall be submitted by the owner on forms provided by the Director of Public Works. The application shall be accompanied by all required fees and deposits, which shall be set by resolution of the Village Council. The sewer contractor shall have a permit bond on file with the Director of Public Works prior to Village's acceptance of a sewer permit application. Any remaining permit or other fees owed to the Village shall be paid in full prior to any approved permit being released or in force.
Section 15.26.080 Responsibility of Owner.
A. Except as provided in the following paragraph 2, the owner of the property to which storm sewer service is supplied shall be responsible for installing, repairing and maintaining, at the owner's expense, all drains, connections and fittings for the building sewer connections into the public sewer systems.
B. All repairs to that portion of the main public sewer line or pipe encompassed within its outer circumference shall be made by and at the expense of the Village. All repairs to the building sewer, including that portion of the connection, “Y,” or “T” lying outside of the outer circumference of the main public sewer line or pipe, shall be made by and at the expense of the owner of the premises served. Where the depth of a portion of the building sewer requiring repair under a public right-of-way exceeds 12 feet below grade, repairs shall require the inspection and approval of the Village Engineer prior to the commencement of and at the completion of any repair work, and the Village shall reimburse the owner of the premises served 50% of the reasonable and customary cost of the below grade sewer repair work approved by the Village Engineer. Notwithstanding any of the foregoing, the owner of the premises served shall in all circumstances be responsible for the entire cost of surface restoration required as the result of any repair work.
C. In the event that a failure develops or occurs in that portion of the building sewer to be maintained by the owner of the premises, the Village may close the public water service valve and discontinue the service of water to the premises until the required repairs are made to the defective portion of the building sewer by the owner of the premises.
Section 15.26.090 Inspection of stormwater sewer connection.
A written notice of intention to make a connection with a public stormwater sewer shall be filed at the office of the Director of Public Works at least twenty-four (24) hours before such connection is made. Every connection shall be left uncovered until it has been inspected and approved by the Director of Public Works, or an inspector from his or her office.
Section 15.26.100 Construction requirements.
A. Public Works and Engineering Design Guidelines. All design and construction of storm sewers, detention facilities, stormwater management facilities, and land grading, and other stormwater management or runoff control activities shall be in conformance with the Public Works and Engineering Design Guidelines.
B. Drainage of Surface Water. To diminish or remove any adverse impact of surface water drainage and run-off on an adjacent property, no new building, other structure or addition shall be constructed which will result in the surface water run-off, during and following construction of any such improvement, at a rate greater than the water run-off immediately prior to such construction and no building permit shall be issued unless and until the Village Engineer determines that the construction complies with the applicable requirements of this chapter, the Public Works and Engineering Design Guidelines, and the Watershed Management Ordinance.
C. Land Grading. No permit shall be issued for any land grading that will permanently alter the existing land elevation or grade of a parcel of property so as to cause surface water runoff to be diverted onto or detained on abutting or nearby property, significantly alter existing drainage patterns, or increase or concentrate stormwater runoff onto abutting or nearby property.
D. Stormwater Detention Required. Developments required to provide storm water detention on site, include, but are not limited to multiple lot single family residential subdivisions, single family residential subdivisions of an individual lot, multi-family residential development and commercial developments.
E. Stormwater Detention design Standards.
1. New home construction on a previously developed lot shall provide storm water detention for the volume difference between using the runoff coefficient based upon the maximum impermeable lot coverage, per the Village of Winnetka’s Zoning Code, and the runoff coefficient based upon the existing condition, for a 100-year storm event. The allowable release rate for both conditions will be determined by using a runoff coefficient of 0.15 and the rainfall intensity for a 3-year storm event. New home construction on a previously undeveloped site, or the redevelopment of a site for a different use (i.e. single family to multi-family, or commercial redevelopment) shall provide storm water detention for the total required detention volume based upon a 100-year storm event, using a runoff coefficient based upon the maximum impermeable lot coverage, and the allowable release rate using a runoff coefficient of 0.15 and a rainfall intensity for a 3-year storm event.
2. Improvements to an existing home and/or lot, causing an increase in impermeable lot coverage greater or equal to 25%, shall provide storm water detention for the difference between the proposed and existing condition, for a 100-year storm event and an allowable release rate based upon a 3-year storm event and a runoff coefficient of 0.15. The actual proposed lot coverage may be used to calculate the proposed runoff coefficient.
3. The storm water detention facilities shall be designed in accordance with the requirements of the Metropolitan Water Reclamation District of Greater Chicago for storm water detention as modified by the rainfall frequencies set forth in Bulletin 70 “Frequency Distribution and Hydroclimatic Characteristics of Heavy Rainstorms in Illinois” prepared by the Illinois State Water Survey, 1989. Design high water level (HWL) will consist of the elevation of the storm water in a 100-year storm event.
4. Stormwater storage volume located within best management practices, such as a rain garden or the aggregate base of permeable pavement, that are not otherwise required for site development shall be credited toward the required detention volume.
5. For projects required to provide storm water detention by the WMO, the detention design shall meet the requirements of Article 5 of the Watershed Management Ordinance.
Section 15.26.110 Storm and surface water connections.
A. General Requirement. Except as provided in subsection B of this section, all storm or surface water connections, except downspouts for draining roofs, shall be connected to an approved building stormwater service pipe.
B. Roof Downspouts. All downspouts shall drain onto the ground unless doing so will result in an adverse effect on other private or public properties from such drainage. Downspouts drainage shall be diverted toward and on-site drainage system such as a yard inlet or swale, prior to entering the public storm sewer system. No roof downspout shall connect to the storm sewer service line unless the owner of the property first obtains a permit from the Director of Public Works.
Section 15.26.120 Use of stormwater sewers.
A. Prohibited Uses. It is unlawful to discharge or permit to be discharged to any public or private or public storm sewer any substances, materials, or waters if it appears likely in the opinion of the Director of Public Works that such works can harm either the sewers or equipment; have an adverse effect on the receiving water body; violate limits established by regulatory agencies having jurisdiction over discharge to the receiving waters; or can otherwise endanger life or public property, or constitute a nuisance.
SECTION 6: Subsection A of Section 15.32.010, Permits and Fees, of Chapter 15.32, Construction Permits, of Title 15 of the Winnetka Village Code, Buildings and Construction, is hereby amended to provide as follows:
Section 15.32.020 Permit fees and costs
A. Fees Set by Village Council. The Village Council shall establish all fees, costs, deposits and bonding requirements pertaining to the review and processing of all applications for any construction activity, including but not limited to building permits, permits for electrical work, plumbing work, HVAC or mechanical work, watershed management permits, permits for awnings, fences, impermeable surfaces, driveways and work affecting any public right-of-way; all inspections, development agreements and other actions involved in the administration and enforcement of the provisions of this code; all applications requesting any other action by the Village, or any board, commission or committee of the Village, related to construction activities and the compliance of such activities with this code. The nature and amount of all such fees, costs, deposits and bonds shall be set from time to time by resolution of the Village Council.
SECTION 7: Subsection J of Section 15.32.050, Applications for Permits, of Chapter 15.32, Construction Permits, of Title 15 of the Winnetka Village Code, Buildings and Construction, is hereby amended to provide as follows:
J. Applications for Land Grading Permits. Any application for a land grading permit shall be accompanied by a topographical survey of the property for which the permit is sought, which shall depict existing land elevations on the property and the areas immediately adjacent to the property. The application shall also provide such other information as set forth in Section I.A of the Public Works and Engineering Design Guidelines.
SECTION 8: Section 15.32.050, Applications for Permits, of Chapter 15.32, Construction Permits, of Title 15 of the Winnetka Village Code, Buildings and Construction, is hereby amended by inserting a new subsection K, Applications for Watershed Management Permits, and redesignating current subsection K as subsection L, Permits for Wireless Telecommunications Services Facilities, as follows:
K. Applications for Watershed Management Permits. Any application for a Watershed Management Permit shall meet the requirements of Article 3 of the Watershed Management Ordinance.
L. Permits for Wireless Telecommunications Services Facilities. All applications for a building permit for wireless telecommunications services facilities, as defined in Title 17 of this code, shall also satisfy the requirements of Section 17.48.010(A) of that title.
SECTION 9: Subsection F of Section 15.32.080, Criteria for Permit Approval, of Chapter 15.32, Construction Permits, of Title 15 of the Winnetka Village Code, Buildings and Construction, is hereby amended to provide as follows:
F. Flood Hazard Areas. No building permit for new structures or additions shall be issued for property within a flood hazard area, as defined in Chapter 15.68 of this code, unless the applicant has first complied with all applicable provisions of that chapter and the Watershed Management Ordinance.
SECTION 10: Subsection G of Section 15.32.080, Criteria for Permit Approval, of Chapter 15.32, Construction Permits, of Title 15 of the Winnetka Village Code, Buildings and Construction, is hereby amended to provide as follows:
G. Drainage of Surface Water. No building permit for new structures, additions, impermeable surfaces, or grading activities shall be issued unless the applicant has complied with all applicable provisions of Chapter 15.26 and the Watershed Management Ordinance.
SECTION 11: Subsection L of Section 15.32.080, Criteria for Permit Approval, of Chapter 15.32, Construction Permits, of Title 15 of the Winnetka Village Code, Buildings and Construction, is hereby amended to provide as follows:
L. Land Grading. No permit shall be issued for any land grading that will permanently alter the existing land elevation or grade of a parcel of property unless the applicant has complied with all applicable provisions of Chapter 15.26 and the Watershed Management Ordinance,
SECTION 12: Section 15.32.080, Criteria for Permit Approval, of Chapter 15.32, Construction Permits, of Title 15 of the Winnetka Village Code, Buildings and Construction, is hereby amended by inserting a new subsection M, titled Watershed Management, and redesignating the current subsection M as subsection N, Waste Reduction and Recycling Plan, as follows:
M Watershed Management. No permit shall be issued for any development regulated by the Watershed Management Ordinance unless and until the Village Engineer has determined, upon review of the permit application, that the proposed development meets all applicable requirements of the Watershed Management Ordinance.
N. Waste Reduction and Recycling Plan. No permit shall be issued for any construction activity that is covered work, as that term is defined in Section 15.54.040 of this Code, unless and until the Director has reviewed and approved the waste reduction and recycling plan required for such work pursuant to Section 15.54.080 of this Code.
SECTION 13: The definition of “Flood protection elevation” in Section 15.68.020 of Chapter 15.68, Flood Hazard Protection Regulations, of Title 15 of the Winnetka Village Code, Buildings and Construction, is hereby amended to provide, as follows:
“Flood protection elevation (FPE)” means the elevation of the base flood or one hundred (100) year frequency flood plus two feet of freeboard at any given location in the Special Flood Hazard Area.
SECTION 14: The definition of “Minimum Average Lot Grade” in Section 15.68.020 of Chapter 15.68, Flood Hazard Protection Regulations, of Title 15 of the Winnetka Village Code, Buildings and Construction, is hereby amended to provide, as follows:
“Minimum Average Lot Grade” is the number arrived at by applying the following formula: (BFE-1.0) – [(Total Required Side Yard – 12) x 0.0833].
SECTION 15: Section 15.68.020, “Definitions,” of Chapter 15.68, Flood Hazard Protection Regulations, of Title 15 of the Winnetka Village Code, Buildings and Construction, is hereby amended by adding the following definition at the end of the section, as follows:
“WMO” or “Watershed Management Ordinance” means the Metropolitan Water Reclamation District of Greater Chicago Countywide Watershed Management Ordinance, October 2013, as amended, and as adopted by reference in Section 15.08.040(J) of this code.
SECTION 16: Subsection D of Section 15.68.030, Duties of the Director, of Chapter 15.68, Flood Hazard Protection Regulations, of Title 15 of the Winnetka Village Code, Buildings and Construction, is hereby amended to provide, as follows:
D. Other Permit Requirements. The Director shall ensure that any and all required federal, state and local permits are received prior to the issuance of a Watershed Management Permit.
SECTION 17: Subsection E of Section 15.68.030, Duties of the Director, of Chapter 15.68, Flood Hazard Protection Regulations, of Title 15 of the Winnetka Village Code, Buildings and Construction, is hereby amended to provide, as follows:
E. Plan Review and Permit Insurance. The Director shall ensure that all development activities in SFHAs under the jurisdiction of the Village meet the requirements of this chapter. The Director shall issue a Watershed Management Permit in accordance with the provisions of this chapter and other regulations of the Village only if the development meets the conditions of this chapter and other applicable regulations of the Village.
SECTION 18: Subsection C of Section 15.68.040, Base Flood Elevation, of Chapter 15.68, Flood Hazard Protection Regulations, of Title 15 of the Winnetka Village Code, Buildings and Construction, is hereby amended to provide, as follows:
C. Base Flood for AH and AO Zones. The base flood or one hundred (100) year frequency flood elevation for each SFHA delineated as an AH zone or AO zone shall be as described in §601.4.B-C of the WMO.
SECTION 19: Subsection D of Section 15.68.040, Base Flood Elevation, of Chapter 15.68, Flood Hazard Protection Regulations, of Title 15 of the Winnetka Village Code, Buildings and Construction, is hereby amended to provide, as follows:
D. Base Flood for A Zones. The base flood or one hundred (100) year frequency flood elevation for each of the remaining SFHAs delineated as an A zone on the Countywide Flood Insurance Rate Map of Cook County shall be according to the best existing data available in the Illinois State Water Survey Flood Plain Information Repository. When no base flood or one hundred (100) year frequency flood elevation exists, the base flood or one hundred (100) year frequency flood elevation shall be determined according to §601.6 of the WMO. Flood flows should be based on anticipated future land use conditions in the watershed as determined from adopted local and regional land use plans. Along any watercourse draining more than one square mile, the above analyses shall be submitted to IDNR/OWR for approval; once approved it must be submitted to the Illinois State Water Survey Floodplain Information Repository for filing. For a nonriverine SFHA, the base flood elevation shall be the historic flood of record plus three (3) feet, unless calculated by a detailed engineering study and approved by the Illinois State Water Survey.
SECTION 20: Section 15.68.050, Occupation and use of flood fringe areas, of Chapter 15.68, Flood Hazard Protection Regulations, of Title 15 of the Winnetka Village Code, Buildings and Construction, is hereby amended to provide, as follows:
Section 15.68.050 Occupation and use of flood fringe areas.
Development in and/or filling of the flood fringe is subject to the provisions of this section and will only be permitted if protection is provided against the base flood or one hundred (100) year frequency flood by proper elevation and if other applicable requirements of this chapter are met. No use will be permitted if it adversely affects the capacity of drainage facilities or systems. Developments located within the flood fringe shall meet the requirements of this section, along with the requirements of Section 15.68.080 of this chapter.
A. Watershed Management Permit Required. No person, firm, corporation or governmental body, other than exempt organizations, shall commence any development in the SFHA without first obtaining a Watershed Management Permit from the Director or the Metropolitan Water Reclamation District of Greater Chicago, as applicable.
B. Application and Site Plan. Application for a Watershed Management Permit shall be made on a form provided by the Director. The application shall meet the requirements of Article 3 of the WMO. For all proposed buildings, the elevation of the lowest floor (including basement) and lowest adjacent grade shall be shown on the submitted plans and the development will be subject to the requirements of Section 15.68.080 of this chapter. The drawing shall be sealed by a registered professional engineer.
C. Review of Application. Upon receipt of a Watershed Management Permit application, the Director shall compare the elevation of the site to the base flood or one hundred (100) year frequency flood elevation. If, upon review, the Director determines that the development is located on land that is higher than the base flood elevation of the current Flood Insurance Rate Map and that has not been filled since the date of the site's first Flood Insurance Rate Map identification, the property shall be considered outside of the SFHA and, therefore, not subject to the requirements of this chapter. The Director shall maintain documentation of the existing ground elevation at the development site and certification that this ground elevation existed prior to the date of the site's first Flood Insurance Rate Map identification.
D. Duties and Responsibilities of Director. The Director shall be responsible for obtaining from the applicant copies of all other local, state and federal permits, approvals or permit-not-required letters that may be required for the proposed activity. The Director shall not issue a permit unless copies of all other local, state and federal permits have been submitted by the applicant.
E. Preventing Increased Damages. No development in the flood fringe shall create a threat to public health and safety.
F. Use of Fill to Elevate Site.
1. Fill shall not be used to elevate a site unless the Average Lot Grade is equal to or greater than the Minimum Average Lot Grade.
2. If fill is being used to elevate the site above the base flood or one hundred (100) year frequency flood elevation, the applicant shall submit sufficient data and obtain a Letter of Map Revision from FEMA for the purpose of removing the site from the floodplain. Notwithstanding anything to the contrary in the Letter of Map Revision or in this chapter, no person who obtains a map revision removing a site from the floodplain shall be entitled to build the lowest floor of a residential building below the BFE, except as provided in Section 15.68.050(G) of this chapter.
(Prior code § 28.05)
G. Constructing Lowest Floor Below BFE. A person who has obtained a Letter of Map Revision that removes a site in the flood fringe from the floodplain due to the use of fill to elevate the site above the BFE, may apply for a permit from the Village to construct the lowest floor of a residential building below the BFE in the flood fringe. The Director shall not issue such a permit unless the applicant has complied with all of the criteria set forth in the following paragraphs of this subsection.
1. Compensatory storage shall be provided in compliance with the requirements of §602.9-11 of the WMO.
2. The elevation of the lowest opening in the basement wall (i.e. window wells, access ways) shall be at or above the FPE.
3. The lowest grade adjacent to the foundation shall meet the requirements of §602.3.A of the WMO.
The applicant shall demonstrate that the building and building site are reasonably safe from flooding according to the minimum design standards in FEMA Technical Bulletin 10-01. Where the requirements of this chapter are higher than the federal minimum NFIP standards, the more restrictive standards shall apply.
5. The ground around the building shall be compacted fill that meets all requirements of this subsection (G) and is at least five (5) feet thick under the basement floor slab. Nothing in this subsection (G) shall be interpreted to require the removal or replacement of fill that was placed as part of a LOMR-F permit, if such fill consists of material, including soil of similar classification and degree of permeability, that meets the requirements of this subsection (G).
6. The fill material shall be compacted to at least 95% of Standard Laboratory Maximum Dry Density (Standard Proctor), according to ASTM Standard D-698. Fill soils shall be fine-grained soils of low permeability, such as those classified as CH, CL, SC, or ML according to ASTM Standard D-2487, Classification of Soils for Engineering Purposes.
7. The fill material must be homogeneous i.e., all of one material, and isotropic, i.e., having the engineering properties must be the same in all directions.
8. All fill material and compaction shall be designed, certified and inspected by an Illinois Registered Professional Engineer or Registered Soils Engineer, as warranted by the site conditions.
9. The basement floor shall be at an elevation that is no more than five (5) feet below the BFE.
10. There shall be a granular drainage layer beneath the floor slab, and a minimum of ¼-horsepower sump pump with a backup power supply shall be provided to remove the seepage flow. The pump shall be rated at four (4) times the estimated seepage rate and shall discharge above the BFE and away from the building in order to prevent flooding of the basement or uplift of the floor under the effect of the seepage pressure.
11. The drainage system shall be equipped with a positive means of preventing backflow.
12. All foundation elements shall be designed to withstand hydrostatic pressure in accordance with accepted engineering practices.
H. Compensatory Storage.
1. Whenever any portion of a floodplain is authorized for use, the volume of space which will be occupied by the authorized fill or structure below the BFE shall be compensated for and balanced by a hydraulically equivalent volume of excavation taken from below the BFE, provided all of the conditions §602.9-11 of the WMO and of the following paragraphs 2 and 3 of this subsection shall be met.
2. In no case shall the depth of excavation for any compensatory storage in the front and side yards of the lot exceed eighteen (18) inches, as measured from the previously existing natural grade. The rear yard may be permitted to have a greater depth of excavation, if necessary.
3. The use of mechanical means to drain the compensatory storage area will not be permitted.
SECTION 21: Section 15.68.060, Occupation and use of identified floodways, of Chapter 15.68, Flood Hazard Protection Regulations, of Title 15 of the Winnetka Village Code, Buildings and Construction, is hereby amended to provide, as follows:
15.68.060 Occupation and use of identified floodways.
Any development, redevelopment, site modification or building modification within a regulatory floodway is subject to the provisions of this section and shall be permitted only if the criteria of this section and applicable requirements of this chapter are met. All floodway modifications shall be the minimum necessary to accomplish the purpose of the project. The development shall also meet the requirements of Section 15.68.080 of this chapter.
A. Watershed Management Permit. No person, firm, corporation or governmental body not exempted by state law shall commence any development in a floodway without first obtaining a Watershed Management Permit from the Director or the Metropolitan Water Reclamation District of Greater Chicago, as applicable.
B. Application. Application for a Watershed Management Permit shall be made on a form provided by the Director, which shall include at least the information required by Article 3 of the WMO.
C. Review and Approval of Permit Applications. The Director shall be responsible for obtaining from the applicant copies of all other local, state and federal permits and approvals that may be required for the proposed activity. The Director shall not issue the Watershed Management Permit unless copies of all required federal and state permits have been submitted by the applicant. A registered professional engineer under the employ or contract of the Village shall review and approve applications reviewed under this section.
D. Preventing Increased Damages; List of Appropriate Uses. No development shall be allowed in a floodway unless it is for appropriate uses that will not cause a rise in the base flood elevation, will not create a damaging or potentially damaging increase in flood heights or velocity and will not be a threat to public health and safety. Only those appropriate uses listed in 17 Ill. Adm. Code 3708 and §602.29 of the WMO will be allowed. Appropriate uses do not include the construction or placement of any structures, fill, building additions, buildings on stilts, fencing (including landscaping or planting designed to act as a fence) and storage of materials except as specifically defined above as an appropriate use.
E. Engineering Criteria for Appropriate Uses in the Regulatory Floodway. Within the regulatory floodway as identified on the Countywide FIRMs for Cook County, the construction of an appropriate use will be considered permissible; provided that, the proposed project meets the requirements of §602.9-11 and 27-28 of the WMO, along with the following engineering criteria, and is so stated in writing with supporting plans, calculations and data by a registered professional engineer; and provided that, any structure meets the protection requirements of Section 15.68.080 of this chapter:
1. Preservation of Flood Conveyance, so as Not to Increase Flood Stages Upstream. For appropriate uses all effective regulatory floodway conveyance lost due to the project will be replaced for all flood events up to and including the one hundred (100) year frequency flood. In calculating effective regulatory floodway conveyance, the following factors shall be taken into consideration:
a. Regulatory floodway conveyance,
'K' = 1.486 AR 2/3 |
N |
where “n” is Manning's roughness factor, “A” is the effective area of the cross-section, and “R” is the ratio of the area to the wetted perimeter (see Open Channel Hydraulics, Ven Te Chow, 1959, McGraw-Hill Book Company, New York);
b. The same Manning's “n” value shall be used for both existing and proposed conditions unless a recorded maintenance agreement with a federal, state or local unit of government can assure the proposed conditions will be maintained or the land cover is changing from a vegetative to a nonvegetative land cover;
c. Transition section shall be provided and used in calculations of effective regulatory floodway conveyance. The following expansion and contraction ratios shall be used unless an applicant's engineer can prove to IDNR/OWR through engineering calculations or model tests that more abrupt transitions may be used with the same efficiency;
i. When water is flowing from a narrow section to a wider section, the water should be assumed to expand no faster than at a rate of one foot horizontal for every four feet of the flooded stream's length.
ii. When water is flowing from a wide section to a narrow section, the water should be assumed to contract no faster than at a rate of one foot horizontal for every one foot of the flooded stream's length.
iii. When expanding or contracting flows in a vertical direction, a minimum of one foot vertical transition for every ten (10) feet of stream length shall be used.
iv. Transition sections shall be provided between cross-sections with rapid expansions and contractions and when meeting the regulatory floodway delineation on adjacent properties.
v. All cross-sections used in the calculations shall be located perpendicular to flood flows.
2. Preservation of Floodway Storage so as Not to Increase Downstream Flooding. Compensatory storage shall be provided for any regulatory floodway storage lost due to the proposed work from the volume of fill or structures placed and the impact of any related flood control projects. Compensatory storage for fill or structures shall meet the requirements of §602.9-11 of the WMO..
3. Preservation of Floodway Velocities so as Not to Increase Stream Erosion or Flood Heights. For all appropriate uses the proposed work will not result in an increase in the average channel or regulatory floodway velocities, unless a water resource benefit is realized and unless scour, erosion and sedimentation will be avoided by the use of rip-rap or other design measures.
4. Construction of New Bridges or Culvert Crossings and Roadway Approaches. The proposed structures shall not result in an increase of upstream flood stages when compared to the existing conditions for all flood events up to and including the one hundred (100) year frequency event, unless the area of the increased flood stages is under the ownership or control of the applicant.
a. The engineering analysis of upstream flood stages shall be calculated using the flood study flows, and corresponding flood elevations for tailwater conditions for the flood study specified in Section 15.68.040 of this chapter.
b. Lost floodway storage shall be compensated for in accordance with subsection (E)(2) of Section 15.68.060.
c. Velocity increases shall be mitigated in accordance with subsection (E)(3) of Section 15.68.060.
d. If the crossing is proposed over a public water that is used for recreational or commercial navigation, an IDNR/OWR permit must be obtained by the applicant.
e. The hydraulic analysis for the backwater caused by the bridge showing the existing conditions and proposed regulatory profile shall be submitted to IDNR/OWR for concurrence that a CLOMR is not required by subsection E of Section 15.68.060.
f. All excavations for the construction of the crossing shall be designed per subsection (E)(8) of Section 15.68.060.
5. Reconstruction or Modification of Existing Bridges, Culverts and Approach Roads.
a. The bridge or culvert and roadway approach reconstruction or modification shall be constructed with no increase in backwater over the existing flood profile for all flood frequencies up to and including the one hundred (100) year event, if the existing structure is not a source of flood damage.
b. If the existing bridge or culvert and roadway approach is a source of flood damage to buildings or structures in the upstream floodplain, the applicant's engineer shall evaluate the feasibility of redesigning the structure to reduce the existing backwater, taking into consideration the effects on flood states on upstream and downstream properties.
c. The determination as to whether or not the existing crossing is a source of flood damage and should be redesigned shall be prepared in accordance with IDNR/OWR Rules 17 Ill. Adm. Code 3708 (Floodway Construction in Northeastern Illinois) and submitted to IDNR/OWR for review and concurrence before a permit is issued.
d. Hydraulically equivalent compensatory storage shall be required to mitigate any potential increase in flow or flood elevations due to the removal or modification of an existing bridge or culvert.
6. On-Stream Structures Built for the Purpose of Backing Up Water. Any increase in upstream flood stages greater than zero feet when compared to the existing conditions, for all flood events up to and including the one hundred (100) year frequency event shall be contained within the area under the ownership or control of the applicant. A permit or letter indicating a permit is not required must be obtained from IDNR/OWR, Dam Safety Section, for a Dam Safety Permit or waiver for any structure built for the purpose of backing up water in the stream during normal or flood flow. All dams and impoundment structures as defined in Section 15.68.020 of this chapter shall meet the permitting requirements of 17 Ill. Adm. Code 3702 (Construction and Maintenance of Dams).
7. Floodproofing of Existing Habitable, Residential and Commercial Structures. If construction is required beyond the outside dimensions of the existing building, the outside perimeter of the floodproofing construction shall be placed no further than ten (10) feet from the outside of the building. Compensation of lost storage and conveyance will not be required for floodproofing activities.
8. Excavation in the Floodway. When excavation is proposed in the design of bridges and culvert openings, including the modifications to and replacement of existing bridge and culvert structures, or to compensate for lost conveyance for other appropriate uses, transition sections shall be provided for the excavation. The following expansion and contraction ratios shall be used unless an applicant's engineer can prove to IDNR/OWR through engineering calculations or model tests that more abrupt transitions may be used with the same efficiency.
a. When water is flowing from a narrow section to a wider section, the water should be assumed to expand no faster than at a rate of one foot horizontal for every four feet of the flood stream's length;
b. When water is flowing from a wide section to a narrow section, the water should be assumed to contract no faster than at a rate of one foot horizontal for every one foot of the flooded stream's length;
c. When expanding or contracting flows in a vertical direction, a minimum of one foot vertical transition for every ten (10) feet for stream length shall be used; and
d. Erosion/scour protection shall be provided inland upstream and downstream of the transition sections.
9. Seeding and Stabilization Plan. For all activities located in a floodway, a seeding and stabilization plan shall be submitted by the applicant.
10. General Criteria for Analysis of Flood Elevations.
a. The flood profiles, flows and floodway data in the regulatory floodway study, referenced in Section 15.68.040 of this chapter, shall be used for analysis of the base conditions. If the study data appears to be in error or conditions have changed, the IDNR/OWR shall be contacted for approval and concurrence on the appropriate base conditions data to use.
b. If the one hundred (100) year regulatory floodway elevation at the site of the proposed construction is affected by backwater from a downstream receiving stream with a large drainage area, the proposed construction shall be shown to meet the requirements of this section for the one hundred (100) year frequency flood elevations of the regulatory floodway conditions and conditions with the receiving stream at normal water elevations.
c. If the applicant learns from IDNR/OWR, local governments, or a private owner that a downstream restrictive bridge or culvert is scheduled to be removed, reconstructed, modified, or a regional flood control project is scheduled to be built, removed, constructed or modified within the next five years, the proposed construction shall be analyzed and shown to meet the requirements of this section for both the existing conditions and the expected flood profile conditions when the bridge, culvert or flood control project is built.
11. Conditional Letter of Map Revision. If the appropriate use would result in a change in the regulatory floodway location or the one hundred (100) year frequency flood elevation, the applicant shall submit to IDNR/OWR and to FEMA all the information, calculations and documents necessary to be issued a conditional regulatory floodway map revision and received from IDNR/OWR a conditional approval of the regulatory floodway change before a permit is issued. The final regulatory floodway map will not be changed by IDNR/OWR until as-built plans or record drawings are submitted and accepted by FEMA and IDNR/OWR. In the case of nongovernmental projects, the municipality in incorporated areas and the county in an unincorporated area shall concur with the proposed conditional regulatory floodway map revision before IDNR/OWR approval can be given. No filling, grading, dredging or excavating shall take place until a conditional approval is issued. No further development activities shall take place until a final Letter of Map Revision is issued by FEMA and IDNR/OWR. After receipt of conditional approval of the regulatory floodway change and issuance of a permit and a Conditional Letter of Map Revision, construction as necessary to change the regulatory floodway designation may proceed but no buildings or structures or other construction that is not an appropriate use may be placed in that area until the regulatory floodway map is changed and a final Letter of Map Revision is received. The regulatory floodway map will be revised upon acceptance and concurrence by IDNR/OWR and FEMA of the as-built plans.
12. Professional Engineer's Supervision. All engineering analyses shall be performed by or under the supervision of an Illinois registered professional engineer, retained by the applicant.
F. State Review in delegated communities. For those projects listed below located in a regulatory floodway, the following criteria shall be submitted to IDNR/OWR for their review and concurrence prior to the issuance of a permit:
1. IDNR/OWR will review an engineer's analysis of the flood profile due to a proposed bridge pursuant to subsection (E)(4) of Section 15.68.060.
2. IDNR/OWR will review an engineer's determination that an existing bridge or culvert crossing is not a source of flood damage and the analysis indicating the proposed flood profile, pursuant to subsection (E)(5) of Section 15.68.060.
3. The IDNR/OWR will review alternative transition sections and hydraulically equivalent storage pursuant to subsections (E)(1), (2) and (8) of Section 15.68.060.
4. The IDNR/OWR will review and approve, prior to the start of construction, any Department projects, dams (as defined in Section 15.68.120 of this chapter) and all other state, federal and local units of government projects, including projects of the Village.
G. Other Permits. In addition to the other requirements of this chapter, a Watershed Management Permit for a site located in a floodway shall not be issued unless the applicant first obtains a permit or written documentation that a permit is not required from IDNR/OWR, issued pursuant to 615 ILCS 5/5, et seq. No permit from IDNR/OWR shall be required if IDNR/OWR has delegated this responsibility to the Village.
H. Dam Safety Permits. Any person performing work involving the construction, modification or removal of a dam (as defined in Section 15.68.020 of this chapter) pursuant to 17 Ill. Adm. Code 3702 (Rules for Construction of Dams) shall obtain an IDNR/OWR Dam Safety Permit prior to the start of construction of a dam. If the Director finds a dam that does not have a IDNR/OWR permit, the Director shall immediately notify the Dam Safety Section of IDNR/OWR. If the Director finds a dam that is believed to be in an unsafe condition, the Director shall immediately notify the owner of the dam, IDNR/OWR, Dam Safety Section, and the Illinois Emergency Management Agency(IEMA).
I. Activities That Qualify for a Regional Permit from IDNR/OWR. The following activities may be permitted without a registered professional engineer's review, provided they meet the other requirements of this chapter.
1. Underground and overhead utilities that:
a. Do not result in any increase in existing ground elevations;
b. Do not require the placement of above ground structures in the floodway,;
c. In the case of underground stream crossings, the top of the pipe or encasement is buried a minimum of three feet below the existing stream bed; and
d. In the case of overhead utilities, no supporting towers are placed in the watercourse and are designed in such a fashion as not to catch debris.
2. Storm and sanitary sewer outfalls that:
a. Do not extend riverward or lakeward of the existing adjacent natural bank slope;
b. Do not result in an increase in ground elevation; and
c. Are designed so as not to cause stream erosion at the outfall location.
3. Construction of sidewalks, athletic fields (excluding fences), properly anchored playground equipment and patios at grade.
4. Construction of shoreline and streambank protection:
a. When such construction does not exceed one thousand (1,000) feet in length;
b. When materials used in such construction are not placed higher than the existing top of bank; and
c. When materials used in such construction are placed so as not to reduce the cross-sectional area of the stream channel or bank of the lake.
5. Temporary stream crossings in which:
a. The approach roads will be one-half foot or less above natural grade;
b. The crossing will allow stream flow to pass without backing up the water above the stream bank vegetation line or above any drainage tile or outfall invert;
c. The top of the roadway fill in the channel will be at least two feet below the top of the lowest bank. Any fill in the channel shall be nonerosive material, such as rip-rap or gravel;
d. All disturbed stream banks will be seeded or otherwise stabilized as soon as possible upon installation and again upon removal of construction; and
e. The access road and temporary crossings will be removed within one year after authorization.
(Prior code § 28.06)
SECTION 22: Section 15.68.070, Occupation and use of SFHA areas where floodways are not identified, of Chapter 15.68, Flood Hazard Protection Regulations, of Title 15 of the Winnetka Village Code, Buildings and Construction, is hereby amended to provide, as follows:
15.68.070 Occupation and use of SFHA areas where floodways are not identified.
In SFHA or floodplains (including AO zones, AH zones and unnumbered A zones) where no floodways have been identified and no base flood or one hundred (100) year frequency flood elevations have been established and which drains more than one square mile, no development shall be permitted unless the cumulative effect of the proposals, when combined with all other existing and anticipated uses and structures, shall not significantly impede or increase the flow and passage of the floodwaters and will not significantly increase the base flood or one hundred (100) year frequency flood elevation. The development shall also meet the requirements of Section 15.68.080 of this chapter.
A. Watershed Management Permit. No person, firm, corporation or governmental body, not exempt by state law, shall commence any development in an SFHA or floodplain without first obtaining a Watershed Management Permit from the Director or the Metropolitan Water Reclamation District of Greater Chicago, as applicable. Application for a Watershed Management Permit shall be made on a form provided by the Director. The application shall be accompanied by the information required in Article 3 of the WMO.
C. Duties of Director.The Director shall be responsible for obtaining from the applicant copies of all other local, state and federal permits, approvals or permit-not-required letters that may be required for this type of activity. The Director shall not issue the Watershed Management Permit unless copies of all required local, state and federal permits have been submitted to the Director by the applicant.
D. Preventing Increased Damages. No development in the SFHA, where a floodway has not been determined, shall create a damaging or potentially damaging increase in flood heights or velocity or threat to public health, safety and welfare.
E. Standards within Riverine SFHAs.Within all riverine SFHA's where the floodway has not been determined, the following standards shall apply.
1. The developer shall have a registered professional engineer state in writing and show through supporting plans, calculation and data that the project meets the engineering requirements of §601.4-8 of the WMO..
2. A Watershed Management Permit shall not be issued unless the applicant first obtains a permit from IDNR/OWR or written documentation that a permit is not required from IDNR/OWR.
3. No permit from IDNR/OWR shall be required if the IDNR/OWR has delegated permit responsibility to the Village per 17 Ill. Adm. Code, Part 3708, for regulatory floodways, pursuant to IDNR/OWR's Statewide Permit entitled “Construction in Floodplains With No Designated Floodways in Northwestern Illinois.”
4. Dam Safety Permits. Any person performing work involving the construction, modification or removal of a dam (as defined in Section 15.68.020 of this chapter) shall obtain a IDNR/OWR Dam Safety Permit or letter indicating a permit is not required prior to the start of construction of a dam. If the Director finds a dam that does not have a IDNR/OWR permit, the Director shall immediately notify the Dam Safety Section of IDNR/OWR. If the Director finds a dam which is believed to be in unsafe condition, the Director shall immediately notify the owner of the dam, IDNR/OWR, Dam Safety Section, and the Illinois Emergency Management Agency(IEMA).
5. Activities That Qualify for a Regional Permit from IDNR/OWR. The following activities may be permitted without a registered professional engineer's review or calculations of a base flood elevation and regulatory floodway. Such activities shall meet the other requirements of this chapter:
a. Underground and overhead utilities that:
i. Do not result in any increase in existing ground elevations;
ii. Do not require the placement of above ground structures in the floodway;
iii. In the case of underground stream crossings, the top of the pipe or encasement is buried a minimum of three feet below the existing streambed;
iv. In the case of overhead utility lines, the lines shall be constructed above the estimated 100-year flood elevation or attached above the low chords of an existing bridge (with the permission of the bridge owner). No supporting towers shall be placed in the watercourse and shall be designed in such a fashion as not to catch debris.
v. Disturbance of streamside vegetation shall be kept to a minimum during construction to prevent erosion and sedimentation.
b. Storm and sanitary sewer outfalls that:
i. Do not extend riverward or lakeward of the existing adjacent natural bank slope;
ii. Do not result in an increase in ground elevation; and
iii. Are designed so as not to cause stream bank erosion at the outfall location.
c. Construction of shoreline and streambed protection:
i. When such construction does not exceed one thousand (1,000) feet in length;
ii. When materials used in such construction are not placed higher than the existing top of bank; and
iii. When materials used in such construction are placed so as not to reduce the cross-sectional area of the stream channel by more than ten (10) percent.
d. Temporary stream crossings in which:
i. The approach roads will be one-half foot or less above natural grade;
ii. The crossing will allow stream flow to pass without backing up the water above the stream bank vegetation line or above any drainage tile or outfall invert;
iii. The top of the roadway fill in the channel will be at least two feet below the top of the lowest bank;
iv. All disturbed stream banks will be seeded or otherwise stabilized as soon as possible upon installation and again upon removal of construction; and
v. The access road and temporary crossings will be removed within one year after authorization.
e. The construction of light poles, sign posts and similar structures.
f. The construction of sidewalks, driveways, athletic fields (excluding fences), patios and similar surfaces which are built at grade.
g. The construction of properly anchored, unwalled, open structures such as playground equipment, pavilions and carports built at or below existing grade that would not obstruct the flow of floodwaters.
h. The placement of properly anchored buildings not exceeding seventy (70) square feet in size, nor ten (10) feet in any one dimension (e.g., animal shelters and tool sheds).
i. The construction of additions to existing buildings which do not increase the first floor area by more than twenty (20) percent, which are located on the upstream or downstream side of the existing building, and which do not extend beyond the sides of the existing building that are parallel to the floodwaters.
j. Minor maintenance dredging of a stream channel where:
i. The affected length of stream is less than one thousand (1,000) feet;
ii The work is confined to reestablishing flows in natural stream channels; or
iii. The cross-sectional area of the dredged channel conforms to that of the natural channel upstream and downstream of that site.
6. The flood carrying capacity within any altered or relocated watercourse shall be maintained.
F. Compensatory Storage. Whenever any portion of a floodplain, (including AO zones, AH zones and unnumbered A zones) where no floodways have been identified and no base flood or one hundred (100) year frequency flood elevations have been established and which drains more than one square mile, is authorized for use, the volume of space which will be occupied by the authorized fill or structure below the base flood or one hundred (100) year frequency flood elevation shall be compensated for and balanced by a hydraulically equivalent volume of excavation taken from below the base flood or one hundred (100) year frequency flood elevation. The excavation volume shall meet the requirements of §602.9-11 of the WMO.
(Prior code § 28.07)
SECTION 23: Section 15.68.080, Permitting requirements applicable to all floodplain areas, of Chapter 15.68, Flood Hazard Protection Regulations, of Title 15 of the Winnetka Village Code, Buildings and Construction, is hereby amended to provide, as follows:
Section 15.68.080 Permitting requirements applicable to all floodplain areas.
In addition to the requirements found in Sections 15.68.050, 15.68.060 and 15.68.070 of this chapter for development in flood fringes, regulatory floodways, and SFHA or floodplains where no floodways have been identified (Zones AO, AH, AE, A1--A30, A99, VO, V1-V30, VE, V, M, E or X), §601 and §602 of the WMO and the following requirements shall be met:
A. Public Health Standards. No developments in the SFHA shall include locating or storing chemicals, explosives, buoyant materials, animals’ wastes, fertilizers, flammable liquids, pollutants, or other hazardous or toxic materials below the FPE.
B. Water and Sewer Lines. New and replacement water supply systems, wells, sanitary sewer lines and on-site disposal systems shall meet the requirements of.§602.19-22 of the WMO.
C. Carrying Capacity and Notification. For all projects involving channel modification, fill or stream maintenance (including levees), theproject shall meet the requirements of §606 and §607 of the WMO. In addition, the Village shall notify adjacent communities in writing thirty (30) days prior to the issuance of a permit for the alteration or relocation of the watercourse.
D. Protecting Buildings. All buildings located within a one hundred (100) year floodplain also known as an SFHA, shall be protected from flood damage below the flood protection elevation in accordance with this Section. However, existing buildings located within a regulatory floodway shall also meet the more restrictive appropriate use standards included in Section 15.68.060 of this chapter. These building protection criteria apply to the following situations:
1. New construction or placement of a new building.
2. A structural alteration to an existing building, if the cost of the alteration equals or exceeds fifty (50) percent of the pre-alteration market value of the building.
3. Installing a manufactured home on a new site or a new manufactured home on an existing site.
E. Building Protection Methods. Building protection requirements may be met by one of the following methods.
1. A residential or nonresidential building, when allowed, may be constructed on permanent land fill in accordance with the following:
a. The lowest floor (including basement) shall be at or above the FPE.
b. The fill shall be placed in layers no greater than one foot deep before compaction and shall meet the requirements of §602.13 of the WMO. The fill shall be protected against erosion and scour. The fill shall not adversely affect the flow or surface drainage from or onto neighboring properties.
c. In order to construct a home with or without a basement, on a permanent landfill, the following equation must be satisfied:
Minimum Average Lot Grade = (BFE-1.0) – ((Total Required Side Yard – 12)*0.0833).
Therefore, if the average lot grade elevation on a site is above the elevation as defined by this equation, then a structure with its lowest floor below the BFE may be constructed. Otherwise, the structure must be protected in accordance with Section 15.68.080.E.2 of this Code.
2. A residential or nonresidential building may be elevated in accordance with the following:
a. The building or improvements shall be elevated on crawl space, stilts, piles, walls, or other foundation that is permanently open to floodwaters and not subject to damage by hydrostatic pressures of the base flood or one hundred (100) year frequency flood. The permanent openings shall be no more than one foot above grade, and consist of a minimum of two openings. The openings must have a total net area of not less than one square inch for every one square foot of enclosed area subject to flooding below the BFE.
b. The foundation and supporting members shall be anchored and aligned in relation to the flood flows and adjoining structures so as to minimize exposure to known hydrodynamic forces such as current, waves, ice and floating debris.
c. All areas below the FPE shall be constructed of materials resistant to flood damage. The lowest floor (including basement) and all electrical, heating, ventilating, plumbing, and air conditioning equipment and utility meters shall be located at or above the FPE. Water and sewer pipes, electrical and telephone lines, submersible pumps, and other waterproofed service facilities may be located below the flood protection elevation.
d. No area below the FPE shall be used for storage of items or materials.
e. When the building wall encloses open space that is below the BFE, gravity storm and sanitary sewer connections are specifically prohibited and overhead sewers are required for the sanitary connections and sumps for the storm sewer connections.
3. Only a nonresidential building may be structurally dry floodproofed instead of being elevated, provided that:
a. An Illinois Registered Professional Engineer, retained by the applicant, shall certify that the building has been structurally dry floodproofed below the FPE, and that the structure and attendant utility facilities are watertight and capable of resisting the effects of the base flood or one hundred (100) year frequency flood.
b. The building design shall take into account flood velocities, duration, rate of rise, hydrostatic and hydrodynamic forces, the effects of buoyancy and impacts from debris or ice.
c. Floodproofing measures shall be operable without human intervention and without an outside source of electricity.
d. For purposes of this subsection, levees, berms, floodwalls and similar works are not considered floodproofing.
4. Detached tool sheds and detached garages on an existing single-family lot of record may be constructed with the lowest floor below the FPE in accordance with the following:
a. The building shall not be used for human habitation.
b. All areas below the base flood or one hundred (100) year frequency flood elevation shall be constructed with waterproof materials.
c. All structures located in a regulatory floodway shall be constructed and placed on a building site so as not to block the flow of floodwaters and shall also meet the appropriate use criteria of Section 15.68.060 and all other requirements of Sections 15.68.050, 15.68.060 and 15.68.070.
d. The structure shall be anchored to prevent flotation.
e. Service facilities such as electrical and heating equipment shall be elevated or floodproofed to the FPE.
f. The building shall be valued at less than twenty-five thousand dollars ($25,000.00) as substantiated by a signed contract, and shall have a roofed lot coverage of less than five hundred (500) square feet.
g. The building shall be used only for the storage of vehicles or tools and may not contain other rooms, greenhouses or similar uses.
(Ord. MC-181-97 § 2, 1997; prior code § 28.08)
h. Any structure with a roofed lot coverage of more than seventy-five (75) square feet shall meet the permanent opening criteria of Section 15.68.080.E.2.a.
5. Nonconforming structures located in a regulatory floodway may remain in use, but may not be enlarged, replaced or structurally altered, except to the extent such enlargement, replacement or alteration is permitted by Section 15.68.060 of this chapter. A nonconforming structure damaged by flood, fire, wind or other natural or man-made disaster may be restored provided the value of the damage is less than fifty (50) percent of the structure's market value before it was damaged, and provided that the restoration conforms to all applicable provisions of this chapter.
(Ord. MC-2-2008, Amends, 05/06/2008; Ord. MC-181-97 § 2, 1997; prior code § 28.08)
F. Retaining Walls and Grading Requirements.
1. When retaining walls are used either to bridge the grade differential between the FPE of the clay building pad for a new structure and the existing Average Lot Grade on the site, or to create a vertical surface for any portion of a side of a compensatory storage area, the cumulative height of the retaining walls in the front and side yards shall not exceed twenty-four inches (24”).
2. When slopes are used to provide a transition between the existing grade and the proposed grade for the top of the permanent fill, or for the construction of a compensatory storage basin, those slopes will be limited to a maximum of 1:6, or 1 foot of vertical rise for every 6 feet of horizontal run.
3. If a proposed construction or development project cannot meet the requirements of this Subsection F, then the use of permanent fill to elevate the structure out of the 100-year flood plain shall be prohibited and the structure shall be protected in accordance with Section 15.68.080.E.2 of this Code.
(MC-4-2006, Amended, 07/18/2006; MC-5-2001, Amended, 08/21/2001; MC-3-2000, Amended, 09/05/2000, Reflects new FEMA maps)
SECTION 24: Section 15.68.100, Variances, of Chapter 15.68, Flood Hazard Protection Regulations, of Title 15 of the Winnetka Village Code, Buildings and Construction, is hereby amended to provide, as follows:
15.68.100 Variances.
No variances shall be granted to any development located in a regulatory floodway, as defined in Section 15.68.020 of this chapter. However, when a development proposal is located outside of a regulatory floodway, and whenever the standards of this chapter place undue hardship on a specific development proposals, the applicant may apply to the Director or to the Metropolitan Water Reclamation District of Greater Chicago for a variance. Only the Metropolitan Water Reclamation District of Greater Chicago may grant variances from the requirements of the WMO. The Director shall review the applicant's request for a variance from Village standards that exceed the requirements of the WMO and shall submit his or her recommendation to the Village Council.
A. No variances shall be granted unless the applicant demonstrates that all of the following criteria have been met:
1. The development activity cannot be located outside the SFHA.
2. An exceptional hardship would result if the variance were not granted.
3. The relief requested is the minimum necessary.
4. There will be no additional threat to public health, safety or welfare.
5. There will be no additional threat to beneficial stream uses and functions, including aquatic habitat.
6. There will be no nuisance created.
7. There will be no additional public expense for flood protection, rescue or relief operations, policing, or repairs to roads, utilities, or other public facilities.
8. The activity is not in a regulatory floodway.
9. The applicant's circumstances are unique and do not represent a general problem.
10. The provisions of Sections 15.68.050(E) and 15.68.070(D) are met.
B. The Director shall notify an applicant in writing that a variance of the requirements of Section 15.68.080 of this chapter that would lessen the degree of protection to a building will do any of the following:
1. Result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage.
2. Increase the risks to life and property.
3. Require that the applicant proceed with knowledge of these risks and that he or she will acknowledge in writing that he or she assumes the risk and liability.
C. Variances requested in connection with restoration of a site or building listed on the National Register of Historical Places or documented as worthy of preservation by the Illinois Historic Preservation Agency may be granted using criteria more permissive than the requirements of subsections (A) and (B) of this section.
SECTION 25
: This Ordinance is passed by the Council of the Village of Winnetka in the exercise of its home rule powers pursuant to Section 6 of Article VII of the Illinois Constitution of 1970.
SECTION 26: This Ordinance shall take effect immediately upon its passage, approval and publication as provided by law.
PASSED this 17th day of April, 2014, pursuant to the following roll call vote:
AYES: Trustees Braun, Buck, Kates, Krucks and McCrary
NAYS: None
ABSENT: Trustee Corrigan
APPROVED this 17th day of April, 2014.
Signed:
s/ E. Gene Greable
Village President
Countersigned:
s/ Robert M. Bahan
Village Clerk
Published by authority of the President and Board of Trustees of the Village of Winnetka, Illinois, this 17th day of April, 2014.
Introduced: Waived, April 17, 2014
Passed and Approved: April 17, 2014