§ 16.85.010. Purpose and scope.

The purpose of this section is to diminish threats to public health, safety, and welfare caused by runoff from development. Among the adverse impacts sought to be avoided are the inundation of damageable properties, the erosion and destabilization of channels, and the pollution of valuable pond, river and other water and lake resources.

A.

More specifically, these are intended to:

1.

Assure that new development does not increase the drainage or flood hazards to others, or create unstable situations susceptible to erosion;

2.

Protect new buildings and major improvements to buildings from flood damage;

3.

Protect human life and health from the hazards of flooding on a watershed basis;

4.

Lessen the burden on the tax payer for flood control projects, repairs to flood-damaged public facilities and utilities, correction of channel erosion problems, and flood rescue and relief operations caused by increased stormwater runoff quantities from new development;

5.

Protect, conserve, and promote the orderly development of land and water resources;

6.

Preserve the natural hydrologic and hydraulic functions of water courses and floodplains to protect water quality and aquatic habitats;

7.

Preserve the natural characteristics of stream corridors in order to moderate flood and storm water impacts, improve water quality, reduce soil erosion, protect aquatic habitat, provide recreational opportunities, provide aesthetic benefits, and enhance community and economic benefit.

B.

Specific adverse impacts to be addressed include:

1.

Flooding. Flooding is addressed by regulating development in floodplain Areas. This title refers to the Illinois State Model Floodplain Ordinance, the technical portions of which are Sections 6, 7, 8, 9, and 10. These sections, as adjusted to reflect the city's recognition of Flood Hazard Areas in addition to FEMA Special Flood Hazard Areas (SFHA), are hereby included in the Technical Regulations. Besides the public interest in reducing flood damages, the purpose of these requirements is to comply with Federal Regulations (Paragraph 60.3(d) of 44 CFR 59-60), in order for the city to remain in good standing with the National Flood Insurance Program;

2.

Increased Runoff Quantity Due to New Development. Increased runoff quantity due to new development is addressed with storm water detention regulations and storm water conveyance system regulations. Details of compliance with this requirement are hereby incorporated in the technical regulations as amended from time to time (a copy of which is set forth in Appendix I.);

a.

The following, however, shall not be subject to the storm water detention regulations:

i.

Traditional agricultural uses;

ii.

Single-family dwellings on lots or parcels of land which were of record prior to December 4, 1984;

iii.

Single-family dwellings to be modified but which will continue to be used as single-family dwellings;

iv.

Lands adjacent and contiguous to and which discharge directly into the Rock River, Mill Creek, and Black Walnut Creek;

v.

Existing roadways to be improved but which improvement does not increase the number of traffic lanes in the typical cross section of the roadway.

C.

Water Quality Degradation. Water quality degradation will be addressed by:

1.

Construction Site Erosion and Sediment Control. These controls apply to any land disturbing activity with the intent that the transport of sediment via wind or rainwater runoff from sites affected by land disturbing activities be limited, as closely as practicable, to that which would have occurred if the land had been left in its undisturbed state. Allowances for such controls are hereby incorporated in the technical regulations;

2.

Post Construction Runoff Quantity Controls. These are controls that address the increased runoff associated with many types of development. Post construction runoff control is a best management practice (BMP). Allowances for such controls are hereby incorporated in the technical regulations;

3.

Post Construction Runoff Quality Controls. These are additional controls, extending beyond the construction phase, which address water quality on a continuous basis. Post construction runoff control is a best management practice (BMP). Allowances for such controls are hereby incorporated in the technical regulations.

(Ord. No. 2008-20, § 1, 10-13-2008)