Archive for the 'Draft ordinance review' Category

Draft Ordinance – FEMA Comment Response

Wednesday, March 28th, 2012

We received the following comments from FEMA.  The Consulting team has recommended to the County the changes noted in the document referenced in this post.  The comments received were as follows:

  1. The definition of “base flood elevation” references NGVD 29 as the vertical datum defining flood elevations, and this is the datum used in the currently effective 2004 FIRMs and FIS, but elsewhere (Section 15-33), the ordinance directs the use of NAVD 88 in the context of directing accuracy standards for field measurement and documentation purposes, including for floodplain management.  This raises three questions:  (1) For efficient review of documents and to prevent mistakes, should surveyors and engineers working on projects in DuPage County indicate elevations in relation to both datums, or note the conversion factor that applies at the site location; (2) Where would the County prefer that they obtain a conversion factor (VERTCON?) since the current FIS does not address datum conversion; and looking to the future, (3) Will the revised DuPage Countywide FIRMs and FIS that are being prepared right now use NAVD 88—and in the future how will the ordinance address datum conversion, to prevent mistakes when comparing developments as-built, permit documentation, and maps from before and after the effective date of the new maps.
  2. I previously recommended that the term “basement,” which is included in the definition of “lowest floor,” be defined, as “any area of a building having its floor below grade on all sides”.  If the term is not defined, it becomes unclear whether a crawlspace with a floor a few inches, or a few feet, below grade is required to be elevated to the flood protection elevation.  If the floor of any area of a building is below grade on all sides it is a basement and it is the lowest floor for floodplain management purposes AND for flood insurance purposes unless it meets the crawlspace construction technical bulletin standards (FEMA Technical Bulletin 11).  This may be counterintuitive to many people, that an inaccessible crawlspace could be considered a basement, or that a retention area used to meet compensatory storage requirements located beneath an otherwise elevated building might be considered a basement and therefore the lowest floor.  From the floodplain management perspective it can lead to violations, and from the insurance perspective it can lead to some very expensive insurance premiums.
  3. The term “substantial improvement” is included in the definitions section twice, with minor differences between the two versions.

Version 4.0. modified for FEMA comments

Draft Ordinance Version 4.0

Tuesday, March 27th, 2012

An updated version of the Ordinance, Version 4.0 is available.  This version includes all of the scriveners’ corrections and some minor wording changes based on comments received on Version 3.2.  A redline copy of Version 4.0 is also available that compares Version 4.0 to Version 3.2.

Draft Ordinance Version 4.0 (part 1)

Draft Ordinance Version 4.0 (part 2)

Version 4.0 compared to Version 3.2 (part 1)

Version 4.0 compared to Version 3.2 (part 2)

Version 2.4 Compared to Version 3.2

Thursday, March 1st, 2012

This document is a redline version that compares Version 2.4, which was the version that went out for Public Comment late last year,  to the newest Ordinance draft, Version 3.2 posted earlier today.

V2.4 compared to V3.2 (Part 1)

V2.4 compared to V3.2 (Part 2)

Draft Ordinance Version 3.2

Thursday, March 1st, 2012

The changes posted yesterday, along with some further tweaks of 15-54.D, have now all been collected in what the consulting team believes to be the version of the ordinance for action by the Stormwater Committee on March 6. The version is noted as Version 3.2, and is in underline/strikeout mode comparing Version 3.2 to 3.0, which was first posted on February 22, 2012. A link to Version 3.2 is provided below.

Draft Ordinance Version 3.2

State’s Attorney Review and Revisions

Wednesday, February 29th, 2012

What the Consulting Team believes to be the last of the changes from States Attorney Review are now complete.  Rather than post a whole new Ordinance version with these changes at this time, we have excerpted the affected sections from Ordinance Version 3.1 (the most recent posted) and the changes are in underline/strikeout mode.  These changes with a couple other scribers errors will be incorporated in a version 3.2, which we intend to post late tomorrow in case anyone notices anything we have missed.  The sections affected by these changes are 15-47.B,  15-54, 15-55, and 15-104.  The changes to 15-47 clarify that an informational note recorded against the title is required for Wetlands, Floodplains, Buffers and PCBMPs which drain more than 1-acre.  The changes to 15-54 and 15-55 are in response to community comments on easements and performance securities.  The changes to 15-104 are some clarifying editing.

State’s Attorney Review

Performance Security 15-54 revisions from Version 3.1

Draft Ordinance Version 3.1

Tuesday, February 28th, 2012

Since version 3.0 of the Ordinance was posted last week, a few minor corrections were found and made.  In addition, all of the appendices have been added for review.  Of particular note are the following sections with changes: 15-85, 15-86 and 15-94, and the performance standards in Appendix B.      All changes made between the version posted last week, version 3.0, and this version 3.1 appear in underline/strikeout mode and should be easy to find.  We are still working with the States Attorney to finalize the language in sections 15-54 and 15-55.   As soon as these are available they will be posted.  At this time, unless we receive comments from others, we do not anticipate that there will be additional changes other than to sections 15-54 and 15-55 as noted.

Draft Ordinance Version 3.1

Draft Version 3.0

Wednesday, February 22nd, 2012

In an effort to give everyone as much time as possible to review the Newest draft of the Stormwater Ordinance, we are posting up today a draft of Version 3.0, along with a redline compare of Version 3.0 to the version out for the last public comment, Version 2.4.  These documents are available through the links below. There are still a few sections that are being worked on by the States Attorney, mostly in Article 6 regarding easements, informational notes against titles, and the chain of maintenance responsibility.  This version also does not include the watershed planning boundary map or the fee schedule, but as previously noted these will not change from what is in the current Ordinance.  We are continuing to do cross-reference and formatting checks, and proofing the language.  If you see something you would like us to note or that needs to be fixed, please feel free to e-mail Dave Winklebleck at the County.  We appreciate your patience as we work through all of the very complex issues that the rewrite must cover, and look forward to posting a finalized Version 3 very soon.

Draft Version 3.0

Draft Version Compared 3.0 to Version 2.4

Upcoming Changes to Draft Ordinance

Tuesday, February 14th, 2012

In follow-up discussions with County Board Members and County staff, and further review and input on the next draft of the Ordinance from the States Attorney, some new direction was developed regarding the next draft of the ordinance to be presented to the committee in March, compared to the responses offered in the latest comment response document.  The following is a quick summary of the differences from what is indicated in the comment Response document on the second draft.

  • Wetlands.  Non-corps jurisdictional wetlands, whose size is less than 0.1 acres, and which are non-critical, may be impacted without an alternatives analysis and without mitigation as long as:   the aggregate impact to wetlands is less than 0.1 acres for the development; no wetland being impacted is greater than 0.1 acres in size.
  • PCBMP and VCBMP fee-in-lieu.  The exceptions and exclusions have been better organized to make it easier to follow.  Fee-in-lieu will be allowed for any development that the Administrator or Director finds it “impractical” to construct the BMPs on-site.  This will not be contingent on the amount of impervious or the size of the site, or the land use. This language is similar to what is in the current Ordinance, and is a more expansive use of Fee-in-lieu than what is in the current draft.  The test of “impractical” does not have a hard definition, so sound rational and consistency will be required when it is applied.  For VCBMP, the fee-in-lieu will be $500/1000 sq. ft. of net new impervious area.
  • A number of the issues that were deferred to the States Attorney have now come back with more detail.  These will be summarized in subsequent posts prior to release of the new Ordinance draft in March.

Jan 17, 2012 DuPage Stormwater Committee Meeting – Response to Committee Requests

Monday, January 23rd, 2012

At the Jan 17, 2012 DuPage Stormwater Committee Meeting, The Consulting Team was asked to provide additional discussion of the points highlighted in the presentation to the Committee, including comment on whether the Consulting Team Responses would lead to Ordinance language that was more or less restrictive than the 2nd Draft Amendment and the Existing Ordinance.  In order to make this as clear as possible, the Committee presentation was used as the basis to provide this discussion and that document is posted here:

 

January 172012 comment response to Stormwater Committee(extended discussion) final_reviseddate

Responses to Second Round of Comments

Thursday, January 19th, 2012

The consulting team is making available the responses to the second round of comments on the Stormwater Ordinance draft. They are available in the links below.

Comment Responses Part 1

Comment Responses Part 2