For Stormwater Management, comments have been received from March through August 2010 regarding removal rates and efficiencies, the first flush or Water Control Volume, BMP selection, and the recommendation that a fee-in-lieu option be considered. The draft ordinance proposes 80% TSS removal for new development and 40% TSS removal for redevelopment. A variety of BMPs will be available to meet these requirements so that the best combination of BMPs can be chosen for the site and receiving waters. For the DuPage County Ordinance Update, a Water Control Volume will be required and will depend on the impervious area of the site. BMPs may provide any of the required Water Control Volume. The Water Control Volume will be calculated as the product of the applicable impervious area and the specified rainfall depth. These factors vary by development size and type. The Water Control Volume will be held onsite for infiltration or evapotranspiration, or released over 48 hours where the soils are inappropriate. For smaller sites, it is proposed that the 100 year detention requirement be eliminated in order to balance the costs of stormwater infrastructure. A fee-in-lieu program is being considered for water quality BMPs.

For Wetlands, comments have been received regarding riparian buffers, riparian habitat, manmade wetland requirements, temporary impacts and restoration to wetlands, wetland delineation, and critical wetland definition.

• Given that riparian areas are a form of buffer, riparian buffers will be combined with wetland buffers since it makes more sense to regulate all buffers under one section of the ordinance instead of having two sections which would nearly mirror each other.
• Wetland buffers are 50 and 100 feet.  We selected 50’ because that is comparable to a regulatory wetland buffer.  If a stream has critical wetland associated with it then a 100’ buffer would apply.  Buffers of wider widths become more of a land use or tree protection issue.  Based on research, the greatest effectiveness is in the 50-100’ range.  Widths greater than that have a diminishing return of effectiveness as compared to the constraint placed on development of the land.
• The jurisdiction of wetlands will follow the Clean Water Act.  If an area is abandoned and it converts to wetland regardless of how it came to be it would be regulated.  If the area is a constructed facility that has not been abandoned and requires maintenance, for example, that would be allowable.  If an area is desired to be filled that has not been abandoned and all other aspects of the Ordinance can be met, then the area could be filled as it would not be a regulated area.
• Critical wetlands status will be applied using either the wetland Qualitative Value, the Floristic Quality Index, or the existence of endangered species.
• Temporary wetland impacts will be restored in place to existing conditions such that they are capable of and FQI no lower than that of the original wetland within 2 years of restoration.
• Wetland delineation shall be performed by a DuPage County Certified Wetland Specialist.

For Floodplains, comments have been received regarding accessory structures in the floodplain. It is recommended in the proposed ordinance draft that accessory structures to single family residences, such as detached garages, attached garages, and sheds, may be constructed with the lowest floor at or above the BFE.

For Permit Application and Review Process, comments have been received regarding the review procedure, specifically the fee structure, submittal requirements, and self or 3^rd party certification. The draft ordinance will have different requirements for different types of development.

Our community has a large number of single family nomes in the floodplain. Most of these homes were built before 1970, and are small by today’s standards. Some have old garages which are in poor condition and need to be replaced, and some have no garage at all. Residents have not been able to build garages because the current ordinance requires the garage floor to be elevated to the flood elevation plus 1 foot, which is then impossible to get a car into. FEMA and the State of Illinois allow garages to be built at grade, as long as building materials are waterproof and there are flood vents. A 2 car garage would need 2 flood vents with openings roughly 12″ x 12″ in size. Residents may be in the floodplain, but they still would like and NEED a place to park their cars and store things like kids’ bikes and toys, lawn care equipment, tools, etc. People who don’t have a garage still own these things, and now they are stored outside. The items will be damaged either way in a flood, but in the flood vented garage the items are contained instead of floating loose down the stream in a flood. Concerns have been voiced that owners of a flood vented garage would close up the openings. This can be dealt with by requiring periodic inspections and issuing citations if necessary. It’s unfair to property owners to prohibit these structures because a few owners may block the vents. Please consider allowing flood vented garages (and sheds) in the floodplain in the revised ordinance. This would also serve to encourage owners to invest in replacing old, small homes in poor condition with modernized, elevated, protected structures–a benefit to the property owner and the community.

The link to the memorandum below summarizes the initial proposed revisions to the floodplain/floodway portion of the Ordinance. The points included have been the main topics of discussion at the Floodplain/Floodway Sub-Committee meetings.

If you have the opportunity, please provide us with your thoughts on this issue.

Floodplain/Floodway Proposed Revisions