===== PDF PAGE 36 =====
[Extraction: OCR (rendered-page OCR)]
CITY OF WEST CHICAGO
CITY COUNCIL
AGENDA ITEM SUMMARY
ITEM TITLE:
AGENDA ITEM NUMBER: &.E.
DuPage County Stormwater and Flood Plain Ordinance
— Recommend Adoption FILE NUMBER:
COMMITTEE AGENDA DATE: N/A
Ordinance No. 19-O0-0021
COUNCIL AGENDA DATE: June 17, 2019
STAFF REVIEW: Tom Dabareiner AICP SIGNATURE
APPROVED BY CITY ADMINISTRATOR: Michael Guttman SIGNATURE
ITEM SUMMARY:
The City of West Chicago adopted the DuPage County Stormwater and Flood Plain Ordinance in
1994. Subsequent updates to the Ordinance have been also been adopted and enforced. The last
comprehensive set of amendments was adopted by the City in 2012 (Ord. No. 12-O-0021), which in-
cluded a clause that automatically adopted later amendments. However, the newest set of amend-
ments to the DuPage County Stormwater and Flood Plain Ordinance requires formal action by the
City according to the Federal Emergency Management Agency (FEMA).
FEMA’s requirement centers on the need to formally acknowledge the most recent Flood Insurance
Rate Map covering West Chicago and a new Flood Insurance Study. Also, City Staff is making other
changes to the City’s Stormwater and Flood Plain Ordinance. These changes eliminate verbiage
found to be redundant with what already exists in the County Ordinance, as a matter of “cleaning up”
the current City Ordinance. Finally, the new version would retain the clause to automatically adopt
subsequent County amendments. The City has been given until August 1, 2019 to adopt the FEMA
amendments.
Both marked up and final draft versions of Ordinance No. 19-O-0021 are included for Council member
review. Development Committee did not meet to discuss this item due to the routine nature of its con-
sideration.
ACTIONS PROPOSED:
Recommend approval of Ordinance No. 19-O-0021, adopting the DuPage County Stormwater and
Flood Plain Ordinance with amendments.
COMMITTEE RECOMMENDATION:
The Development Committee Chairperson directed that this item go to City Council for consideration.

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ORDINANCE NO. 19-O-002142-0-9024
AN ORDINANCE AMENDING THE CODE OF ORDINANCES
OF THE CITY OF WEST CHICAGO - CHAPTER 14, ARTICLE III,
SECTION 14-48 -STORMWATER CONTROL, COUNTYWIDE
STORMWATER AND FLOOD PLAIN ORDINANCE
WHEREAS, the City of West Chicago, pursuant to Ordinance No. 2507, enacted on
September 19, 1994, has previously submitted to the County of DuPage, State of Illinois, a
Petition for Waiver Community Status before the Stormwater Management Committee and has
previously agreed to adopt and implement the provisions of the County’s Ordinance No. SMO-
0001-91, entitled “DuPage County Countywide Stormwater and Flood Plain Ordinance,” as
amended from time to time, and codified as Chapter 15 of the DuPage County Code (the
“County Ordinance”); and,
WHEREAS, the City has heretofore, from time to time, adopted by reference the County
Ordinance, with certain amendments thereto; and,
WHEREAS, on April 24, 2012, DuPage County enacted its Ordinance No. OSM-001-12,
entitled “Amendments to Chapter 15 of the DuPage County Code — DuPage County Countywide
Stormwater and Flood Plain Ordinance,” which comprehensively amended the County
Ordinance; and,
WHEREAS. on May 14, 2019, DuPage County enacted its Ordinance No. SM-O-0028-
19. entitled “Amendments to Chapter 15 of the DuPage County Code — DuPage County
Countywide Stormwater and Flood Plain Ordinance.” which comprehensively amended _ the
County Ordinance: and,
___. WHEREAS, as a waiver community, the City of West Chicago is required to adopt the
amendments to the County Ordinance.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of West
Chicago, DuPage County, Illinois, in regular session assembled, as follows:
Ordinance 42-O-902419-O0-0021
Page 1 of 11

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[Extraction: OCR (rendered-page OCR)]
Section 1. That the provisions of Section 14-48 of Chapter 14 of the Code of Ordinances
of the City of West Chicago entitled “DuPage County Countywide Stormwater and Flood Plain
Ordinance” are hereby deleted in their entirety and in lieu thereof the following language shall be
substituted:
Section. 14-48. DuPage County Countywide Stormwater and Flood Plain Ordinance.
(a) Ordinance adopted. There is hereby adopted by reference as if fully set out herein that
| certain ordinance known as DuPage County Ordinance No. OSM-90142SM-O-0028-19.
entitled “DuPage County Countywide Stormwater and Flood Plain Ordinance,” effective
| Aprit 25,2012May 28. 2019, adopted and published by the County of DuPage, State of
Illinois, and all future amendments to the “DuPage County Countywide Stormwater and
Flood Plain Ordinance” adopted by the County of DuPage, together with the additions,
insertions, deletions and amendments hereinafter set forth, three (3) copies of which have
been on file for a period of more than thirty (30) days prior to the adoption of this Section
and now are on file in the office of the City Clerk.
(b) Ordinance adopted. There is hereby adopted by reference as if fully set out herein that
certain ordinance known as Ordinance No. OSM-002-09, “Illicit Discharge Detection and
Elimination Ordinance,” effective May 26, 2009, adopted and published by the County of
DuPage, State of Illinois, and all future amendments to the “Illicit Discharge Detection and
Elimination Ordinance” adopted by the County of DuPage, together with the additions,
insertions, deletions and amendments hereinafter set forth, three (3) copies of which have
been on file for a period of more than thirty (30) days prior to the adoption of this Section
and now are on file in the office of the City Clerk.
‘(c) Amendments. The following additions, insertions, deletions and changes are hereby
made to the DuPage County Countywide Stormwater and Flood Plain Ordinance:
| Ordinance 42-O0-002419-O-0021
Page 2 of 11

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[Extraction: OCR (rendered-page OCR)]
4341) Section 15.40.D.1 — Amend by deleting Section -4+5—40-D+_in-its-entirety-andia
Heuthereef+thefolowingtanguage-shall be-substitutedthe words “which are not
Minor Developments.” and inserting the following language at the end of section
15.40.D.1::
Developments, the Administrator may elect not to require a development security
if the development meets the requirements of this section and it is adequately
demonstrated by the applicant that it is not practical or necessary to provide the
security based upon the overall watershed impact of the project.”
Ordinance 42-0-002419-O0-0021
Page 3 of 11

===== PDF PAGE 40 =====
[Extraction: OCR (rendered-page OCR)]
(S)(2)_ Section 15.47.B — Amend by inserting the following additional language at the
end of Section 15.47.B:
. “The Administrator may require additional documentation after construction
to demonstrate that construction was completed and will perform in accordance
with the Certification.”
(6)(3)_ Section 15-54-B.1.b. — Amend by deleting the words “one hundred ten percent
(110%)” and in place thereof inserting the words “one hundred twenty-five
percent (125%)”.
(A(4)_ Section 15-54-C.1.a. —- Amend by deleting the words “one hundred ten percent
(110%)” and in place thereof inserting the words “one hundred twenty-five
percent (125%)”.
(8)(5)_ Section 15-54.D.1.b. — Amend by deleting the words “one hundred ten percent
(110%)” and in place thereof inserting the words “one hundred twenty-five
percent (125%)”.
(93(6) Section 15-54.D.3 — Amend by deleting the words “one hundred ten percent
(110%)” and in place thereof inserting the words “one hundred twenty-five
percent (125%)”.
Ordinance 12-O-902419-O-0021
Page 4 of 11

===== PDF PAGE 41 =====
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43)(7) Section 15-72.D.4 — Amend by inserting the following additional language at the
end of Section 15-72.D.4:
. “If said maximum release rate as provided hereinabove exceeds the carrying
capacity of the downstream conveyance system, then the maximum release rate
shall be reduced to a rate equal to the downstream carrying capacity.”
¢+-4(8) Section 15-97 — Amend by deleting Section 15-97 in its entirety and in lieu
thereof, the following language shall be substituted:
“15-97. Site Runoff Storage Variance Fee Program
15-97.A Where a variance to the site runoff storage requirements of Section
15-72 is granted, payment into the City’s Site Runoff Storage Variance
Fee (“Fee-in-lieu”) Program shall be made prior to the issuance of a
Stormwater Management Certification as a condition of the variance.
15-97.B All developments for which a variance to the site runoff storage
requirements is granted shall participate in the City’s Fee-in-lieu program.
| Ordinance 42-0-902419-O-0021
Page 5 of 11

===== PDF PAGE 42 =====
[Extraction: OCR (rendered-page OCR)]
15-97.B.1 Payment of a Site Runoff Storage Variance Fee for the
| Ordinance 42-O-002419-O-0021
Page 6 of 11
varied storage shall be made to the City and the amount shall be
determined by applying the first applicable criteria as follows:
15-97.B.1.a. Where the Program has a designed or established
off-site storage facility(ies) the fee shall be calculated by
multiplying the per acre-foot cost of the closest off-site
storage facility times the varied storage where:
15-97.B.1.a.1. A design concept plan for the facility has
been approved by the City, containing an estimate
of the per acre-foot cost of constructing the storage,
including operations and maintenance costs; and
15-97.B.1.a.2. A formula has been developed to determine
that any Development’s investment in the facility
shall be at least equal to the cost of planning,
acquiring of lands, constructing, operating, and
maintaining the facility; and
15-97.B.1.a.3. The facility is located in the same watershed
planning area as the Development receiving the
variance.
15-97.B.1.b. Where the Program has not established off-site
storage facility(ies) in accordance with sub-parts B.1.a.1
through B.1.a.3 above, a Site Runoff Storage Variance Fee
shall be paid to the City in accordance with this section.
The fees established by this section identify reasonable and
rational costs to provide site runoff storage in the same
watershed planning area as the Development receiving the
variance. The detention variance fee includes the cost of
planning, acquiring land, construction, operation, “and ~
maintenance. The fees for the watershed planning areas
within the City are as follows:
(1) Fox River Tributaries:

===== PDF PAGE 43 =====
[Extraction: OCR (rendered-page OCR)]
$81,000 per acre-ft
(2) West Branch DuPage River:
$94,000 per acre-ft
15-97.B.2 Fee-in-lieu funds collected shall be accounted for in
separate project or watershed planning area accounts. Funds shall
be used in the same watershed planning areas as collected to
enlarge or enhance existing site runoff storage facilities and related
components, construct off-site facilities and related components,
provide maintenance of stormwater facilities, or undertake other
development that provides a watershed benefit.
15-97.B.3 The Program Administrator shall provide an annual
accounting of all funds deposited in each development or
watershed planning account and shall account for each fund on a
first-in, first-out basis.
15-97.B.4 The Program Administrator may prioritize and allocate
funds for budgeting purposes on an annual basis within each
watershed planning area account.
15-97.B.5 Site Runoff Storage Variance Fees shall be refunded to the
person who paid the fee, or to that person’s successor in interest, in
accordance with Sec. 15-97.B.6, whenever the Program
Administrator fails to encumber fees collected within 10 years
from the date on which such fees were collected.
15-97.B.6 Refunds shall be made provided that the appropriate party
files a petition with the Program Administrator within one year
after the expiration of the 10-year encumbrance period.”
4539) Section 15-98. — Amend by deleting Section 15-98 in its entirety and in lieu
thereof, the following language shall be substituted:
“Sec. 15-98. Post Construction BMP (“PCBMP”) Fee-in-Lieu Program
15-98.A With the approval of the Administrator, and provided the
conditions of Section 15-63 apply, the applicant may be allowed or
| Ordinance 42-O-002419-O-0021
Page 7 of 11

===== PDF PAGE 44 =====
[Extraction: OCR (rendered-page OCR)]
required to pay a PCBMP fee-in-lieu payment. Payment into the PCBMP
fee-in-lieu program shall be made prior to the issuance of a Stormwater
Management Certification —Ferpurpeses—of this_section,_paymentofa
VCBMP_fee-in-tiou-is-4 , baad e PCE Fash
Hew
15-98.B Development shall participate in the City’s PCBMP fee-in-lieu
program, in the following manner:
15-98.B.1 A PCBMP fee-in-lieu payment shall be calculated by
applying the fee schedule below, that identifies reasonable and
rational cost to construct and maintain similar PCBMPs for those
areas of the development that remain without effective water
quality treatment. For ¥€BMPPCBMP, fee-in-lieu payment of
$500 per 1,000 square feet of net new impervious area shall be
made to the City. Fhe PCBMP fee-seheduleis-asfolews:
th) Readwas-deselepmiesis-—
$30.000-per-aere
15-98.B.2 PCBMP ead-VCBMP-funds collected shall be separately
accounted for in project or watershed planning area accounts.
Funds shall be used in the same watershed planning areas as
collected solely to design, construct, and maintain water quality or
runoff volume reduction improvements. Funds may not be used to
fulfill obligations required by the Ordinance for a Development.
15-98.B.3 The Program Administrator shall provide accounting on an
annual basis of all funds deposited in each watershed planning
| Ordinance 42-0-902419-O0-0021
Page 8 of 11

===== PDF PAGE 45 =====
[Extraction: OCR (rendered-page OCR)]
account and shall account for each fund on a first-in, first-out
basis.
15-98.B.4 The Program Administrator may prioritize and allocate
funds for budgeting purposes on an annual basis within each
watershed planning area account.
15-98.B.5 All BMP fee-in-lieu payments shall be refunded to the
person who paid the fee, or to that person’s successor in interest, in
accordance with Section 15-98.B.6, when the Program
Administrator fails to encumber that development’s fees collected
within ten (10) years of the date on which such fees were collected.
15-98.B.6 Refunds shall be made provided that the appropriate party
files a petition with the Program Administrator within one year
after the expiration of the 10-year encumbrance period.”
46)10) Appendix A, Definition of “Impervious Area” — Amend by deleting the
definition of “Impervious Area” in its entirety and in lieu thereof, the following
language shall be substituted:
“Land cover that includes, but is not limited to, non-porous asphalt or asphalt
sealants, non-porous concrete, roofing materials except planted rooftops designed
to reduce runoff, and gravel surfaces used as roadways or parking lots. Proposed
graveled surfaces used for storage of materials may be counted only 60%
impervious provided it can be demonstrated by the applicant to the
Administrator’s satisfaction that aggregate gradation has a high porosity, which
porosity will be retained throughout the material’s design life. Ponded water shall
be considered impervious area (at its normal water elevation), but vegetated
wetlands or constructed wetland basins shall not be considered impervious area.
The pre-development impervious area of a development site is the maximum
permitted and constructed extent of the impervious surfaces that existed at the
same time on the development site in any of the 3-years preceding the date of the
application.”
| Ordinance 12-O-002419-O-0021
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===== PDF PAGE 46 =====
[Extraction: OCR (rendered-page OCR)]
(d) Incorporation of Documents/Flood Insurance Rate Maps:
1) Flood Insurance Rate Map (FIRM). DuPage County, Illinois. and incorporated areas
County Number 17043C. City of West Chicago Community Number 170219, panel
numbers 0017. 0019. 0036. 0037. 0038. 0039. 0041, 0043. 0107. 0126, 0127. and
0131, effective date August 1. 2019. and all subsequent revisions.
2) Flood Insurance Study. DuPage County. Illinois. and incorporated areas. dated
August 1, 2019. and all subsequent revisions.
Section 2. That all ordinances and resolutions, or parts thereof, in conflict with the
provisions of this Ordinance are, to the extent of such conflict, expressly repealed.
Section 3. This Ordinance shall be in full force and effect from and after its passage,
approval, and publication in pamphlet form as provided by law.
PASSED this day of Suk, 2012XXXX.
Alderman J. Beifuss Alderman L. Chassee
Alderman J. Sheahan Alderman H. Brown
Alderman A. Hallett Alderman M. Ferguson
Alderman M. Birch-Ferguson Alderman S. Dimas
Alderman C. Swiatek Alderman M. Garling
Alderman R. Stout Alderman J. Short
Alderman N. Ligino-Kubinski Alderman B. Gagliardi
Alderman-R-Pineda —— Alderman R-Radkiewiez ————
Adderman-A-Murphy- —— Adderman-S-Dimas ——
Ordinance 42-O-002419-O-0021
Page 10 of 11

===== PDF PAGE 47 =====
[Extraction: OCR (rendered-page OCR)]
AddormenMleissses Alderman Stout
: ah N-Dierzanowskt
APPROVED as to form:
City Attorney
| APPROVED this day of July-2012XXXX.
| Aeting- Mayor Ruben Pineda
ATTEST:
Nancy M. Smith, City Clerk
PUBLISHED:
| Ordinance 12-O-002419-0-0021
Page 11 of 11

===== PDF PAGE 48 =====
[Extraction: OCR (rendered-page OCR)]
ORDINANCE NO. 19-O0-0021
AN ORDINANCE AMENDING THE CODE OF ORDINANCES
OF THE CITY OF WEST CHICAGO — CHAPTER 14, ARTICLE III,
SECTION 14-48 - STORMWATER CONTROL, COUNTYWIDE
STORMWATER AND FLOOD PLAIN ORDINANCE
WHEREAS, the City of West Chicago, pursuant to Ordinance No. 2507, enacted on
September 19,1994, has previously submitted to the County of DuPage, State of Illinois, a
Petition for Waiver Community Status before the Stormwater Management Committee and has
previously agreed to adopt and implement the provisions of the County’s Ordinance No. SMO-
0001-91, entitled “DuPage County Countywide Stormwater and Flood Plain Ordinance,” as
amended from time to time, and codified as Chapter 15 of the DuPage County Code (the
“County Ordinance”); and,
WHEREAS, the City has heretofore, from time to time, adopted by reference the County
Ordinance, with certain amendments thereto; and,
WHEREAS, on April 24, 2012, DuPage County enacted its Ordinance No. OSM-001-12,
entitled “Amendments to Chapter 15 of the DuPage County Code — DuPage County Countywide
Stormwater and Flood Plain Ordinance,” which comprehensively amended the County
Ordinance; and,
WHEREAS, on May 14, 2019, DuPage County enacted its Ordinance No. SM-O-0028-
19, entitled “Amendments to Chapter 15 of the DuPage County Code — DuPage County
Countywide Stormwater and Flood Plain Ordinance,” which comprehensively amended the
County Ordinance; and,
WHEREAS, as a waiver community, the City of West Chicago is required to adopt the
amendments to the County Ordinance.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of West
Chicago, DuPage County, Illinois, in regular session assembled, as follows:
Ordinance 19-O-0021
Page 1 of 9

===== PDF PAGE 49 =====
[Extraction: OCR (rendered-page OCR)]
Section 1. That the provisions of Section 14-48 of Chapter 14 of the Code of Ordinances
of the City of West Chicago entitled “DuPage County Countywide Stormwater and Flood Plain
Ordinance” are hereby deleted in their entirety and in lieu thereof the following language shall be
substituted:
Section. 14-48. DuPage County Countywide Stormwater and Flood Plain Ordinance.
(a) Ordinance adopted. There is hereby adopted by reference as if fully set out herein that
certain ordinance known as DuPage County Ordinance No. SM-O-0028-19, entitled
“DuPage County Countywide Stormwater and Flood Plain Ordinance,” effective May 28,
2019, adopted and published by the County of DuPage, State of Illinois, and all future
amendments to the “DuPage County Countywide Stormwater and Flood Plain Ordinance”
adopted by the County of DuPage, together with the additions, insertions, deletions and _
amendments hereinafter set forth, three (3) copies of which have been on file for a period of
more than thirty (30) days prior to the adoption of this Section and now are on file in the
office of the City Clerk.
(b) Ordinance adopted. There is hereby adopted by reference as if fully set out herein that
certain ordinance known as Ordinance No. OSM-002-09, “Illicit Discharge Detection and
Elimination Ordinance,” effective May 26, 2009, adopted and published by the County of
DuPage, State of Illinois, and all future amendments to the “Illicit Discharge Detection and
Elimination Ordinance” adopted by the County of DuPage, together with the additions,
insertions, deletions and amendments hereinafter set forth, three (3) copies of which have
been on file for a period of more than thirty (30) days prior to the adoption of this Section
and now are on file in the office of the City Clerk.
(c) Amendments. The following additions, insertions, deletions and changes are hereby
made to the DuPage County Countywide Stormwater and Flood Plain Ordinance:
Ordinance 19-O-0021
Page 2 of 9

===== PDF PAGE 50 =====
[Extraction: OCR (rendered-page OCR)]
(1)
(2)
(3)
(4)
(5)
(6)
Section 15.40.D.1 — Amend by deleting the words “which are not Minor
Developments,” and inserting the following language at the end of section
15.40.D.1:
“For Minor Developments, the Administrator may elect not to require a
development security if the development meets the requirements of this section
and it is adequately demonstrated by the applicant that it is not practical or
necessary to provide the security based upon the overall watershed impact of the
project.”
Section 15.47.B — Amend by inserting the following additional language at the
end of Section 15.47.B:
. “The Administrator may require additional documentation after construction
to demonstrate that construction was completed and will perform in accordance
with the Certification.”
Section 15-54-B.1.b. — Amend by deleting the words “one hundred ten percent
(110%)” and in place thereof inserting the words “one hundred twenty-five
percent (125%)”.
Section 15-54-C.1.a. - Amend by deleting the words “one hundred ten percent
(110%)” and in place thereof inserting the words “one hundred twenty-five
percent (125%)”.
Section 15-54.D.1.b. - Amend by deleting the words “one hundred ten percent
(110%)” and in place thereof inserting the words “one hundred twenty-five
percent (125%)”.
Section 15-54.D.3 — Amend by deleting the words “one hundred ten percent
(110%)” and in place thereof inserting the words “one hundred twenty-five
percent (125%)”.
Ordinance 19-O-0021
Page 3 of 9

===== PDF PAGE 51 =====
[Extraction: OCR (rendered-page OCR)]
(7)
(8)
Section 15-72.D.4 — Amend by inserting the following additional language at the
end of Section 15-72.D.4:
. “Tf said maximum release rate as provided hereinabove exceeds the carrying
capacity of the downstream conveyance system, then the maximum release rate
shall be reduced to a rate equal to the downstream carrying capacity.”
Section 15-97 — Amend by deleting Section 15-97 in its entirety and in lieu
thereof, the following language shall be substituted:
“15-97, Site Runoff Storage Variance Fee Program
15-97.A Where a variance to the site runoff storage requirements of Section
15-72 is granted, payment into the City’s Site Runoff Storage Variance
Fee (“Fee-in-lieu”) Program shall be made prior to the issuance of a
Stormwater Management Certification as a condition of the variance.
15-97.B All developments for which a variance to the site runoff storage
requirements is granted shall participate in the City’s Fee-in-lieu program.
15-97.B.1 Payment of a Site Runoff Storage Variance Fee for the
varied storage shall be made to the City and the amount shall be
determined by applying the first applicable criteria as follows:
15-97.B.1.a. Where the Program has a designed or established
off-site storage facility(ies) the fee shall be calculated by
multiplying the per acre-foot cost of the closest off-site
storage facility times the varied storage where:
15-97.B.1.a.1. A design concept plan for the facility has
been approved by the City, containing an estimate
of the per acre-foot cost of constructing the storage,
including operations and maintenance costs; and
15-97.B.1.a.2. A formula has been developed to determine
that any Development’s investment in the facility
shall be at least equal to the cost of planning,
Ordinance 19-O-0021
Page 4 of 9

===== PDF PAGE 52 =====
[Extraction: OCR (rendered-page OCR)]
acquiring of lands, constructing, operating, and
maintaining the facility; and
15-97.B.1.a.3. The facility is located in the same watershed
planning area as the Development receiving the
variance.
15-97.B.1.b. Where the Program has not established off-site
storage facility(ies) in accordance with sub-parts B.1.a.1
through B.1.a.3 above, a Site Runoff Storage Variance Fee
shall be paid to the City in accordance with this section.
The fees established by this section identify reasonable and
rational costs to provide site runoff storage in the same
watershed planning area as the Development receiving the
variance. The detention variance fee includes the cost of
planning, acquiring land, construction, operation, and
maintenance. The fees for the watershed planning areas
within the City are as follows:
(1) Fox River Tributaries:
$81,000 per acre-ft
(2) West Branch DuPage River:
$94,000 per acre-ft
15-97.B.2 Fee-in-lieu funds collected shall be accounted for in
separate project or watershed planning area accounts. Funds shall
be used in the same watershed planning areas as collected to
enlarge or enhance existing site runoff storage facilities and related
components, construct off-site facilities and related components,
provide maintenance of stormwater facilities, or undertake other
development that provides a watershed benefit.
15-97.B.3 The Program Administrator shall provide an annual
accounting of all funds deposited in each development or
watershed planning account and shall account for each fund on a
first-in, first-out basis.
Ordinance 19-O-0021
Page 5 of 9

===== PDF PAGE 53 =====
[Extraction: OCR (rendered-page OCR)]
(9)
15-97.B.4 The Program Administrator may prioritize and allocate
funds for budgeting purposes on an annual basis within each
watershed planning area account.
15-97.B.5 Site Runoff Storage Variance Fees shall be refunded to the
person who paid the fee, or to that person’s successor in interest, in
accordance with Sec. 15-97.B.6, whenever the Program
Administrator fails to encumber fees collected within 10 years
from the date on which such fees were collected.
15-97.B.6 Refunds shall be made provided that the appropriate party
files a petition with the Program Administrator within one year
after the expiration of the 10-year encumbrance period.”
Section 15-98. — Amend by deleting Section 15-98 in its entirety and in lieu
thereof, the following language shall be substituted:
“Sec. 15-98. Post Construction BMP (“PCBMP”) Fee-in-Lieu Program
15-98.A With the approval of the Administrator, and provided the
conditions of Section 15-63 apply, the applicant may be allowed or
required to pay a PCBMP fee-in-lieu payment. Payment into the PCBMP
fee-in-lieu program shall be made prior to the issuance of a Stormwater
Management Certification.
15-98.B Development shall participate in the City’s PCBMP fee-in-lieu
program, in the following manner:
15-98.B.1 A PCBMP fee-in-lieu payment shall be calculated by
applying the fee schedule below, that identifies reasonable and
rational cost to construct and maintain similar PCBMPs for those
areas of the development that remain without effective water
quality treatment. For PCBMP, fee-in-lieu payment of $500 per
1,000 square feet of net new impervious area shall be made to the
City.
15-98.B.2 PCBMP funds collected shall be separately accounted for
in project or watershed planning area accounts. Funds shall be
Ordinance 19-O-0021
Page 6 of 9

===== PDF PAGE 54 =====
[Extraction: OCR (rendered-page OCR)]
(10)
used in the same watershed planning areas as collected solely to
design, construct, and maintain water quality or runoff volume
reduction improvements. Funds may not be used to fulfill
obligations required by the Ordinance for a Development.
15-98.B.3 The Program Administrator shall provide accounting on an
annual basis of all funds deposited in each watershed planning
account and shall account for each fund on a first-in, first-out
basis.
15-98.B.4 The Program Administrator may prioritize and allocate
funds for budgeting purposes on an annual basis within each
watershed planning area account.
15-98.B.5 All BMP fee-in-lieu payments shall be refunded to the
person who paid the fee, or to that person’s successor in interest, in
accordance with Section 15-98.B.6, when the Program
Administrator fails to encumber that development’s fees collected
within ten (10) years of the date on which such fees were collected.
15-98.B.6 Refunds shall be made provided that the appropriate party
files a petition with the Program Administrator within one year
after the expiration of the 10-year encumbrance period.”
Appendix A, Definition of “Impervious Area” — Amend by deleting the definition
of “Impervious Area” in its entirety and in lieu thereof, the following language
shall be substituted:
“Land cover that includes, but is not limited to, non-porous asphalt or asphalt
sealants, non-porous concrete, roofing materials except planted rooftops designed
to reduce runoff, and gravel surfaces used as roadways or parking lots. Proposed
graveled surfaces used for storage of materials may be counted only 60%
impervious provided it can be demonstrated by the applicant to the
Administrator’s satisfaction that aggregate gradation has a high porosity, which
porosity will be retained throughout the material’s design life. Ponded water shall
be considered impervious area (at its normal water elevation), but vegetated
Ordinance 19-O-0021
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wetlands or constructed wetland basins shall not be considered impervious area.
The pre-development impervious area of a development site is the maximum
permitted and constructed extent of the impervious surfaces that existed at the
same time on the development site in any of the 3-years preceding the date of the
application.”
(d) Incorporation of Documents/Flood Insurance Rate Maps:
(1) Flood Insurance Rate Map (FIRM), DuPage County, Illinois, and incorporated areas
County Number 17043C, City of West Chicago Community Number 170219, panel
numbers 0017, 0019, 0036, 0037, 0038, 0039, 0041, 0043, 0107, 0126, 0127, and
0131, effective date August 1, 2019, and all subsequent revisions.
(2) Flood Insurance Study, DuPage County, Illinois, and incorporated areas, dated
August 1, 2019, and all subsequent revisions.
Section 2. That all ordinances and resolutions, or parts thereof, in conflict with the
provisions of this Ordinance are, to the extent of such conflict, expressly repealed.
Section 3. This Ordinance shall be in full force and effect from and after its passage,
approval, and publication in pamphlet form as provided by law.
PASSED this day of June.
Alderman J. Beifuss
Alderman J. Sheahan
Alderman A. Hallett
Alderman M. Birch-Ferguson
Alderman C. Swiatek
Alderman R. Stout
Alderman N. Ligino-Kubinski
derman L. Chassee
Iderman H. Brown
derman M. Ferguson
derman S. Dimas
Iderman M. Garling
Iderman J. Short
derman B. Gagliardi
Sreerererere
APPROVED as to form:
Ordinance 19-O-0021
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City Attorney
APPROVED this day of June.
Mayor Ruben Pineda
ATTEST:
Nancy M. Smith, City Clerk
PUBLISHED:
Ordinance 19-O-0021
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DEVELOPMENT COMMITTEE
Monday, June 10, 2019
7:00 P.M. - Council Chambers
AGENDA
Call to Order, Roll Call, and Establishment of a Quorum
Approval of Minutes
A. May 13, 2019
Public Participation
Items for Consent
Items for Discussion
A. DuPage County Stormwater and Flood Plain Ordinance — Recommend Adoption
Unfinished Business
New Business
Reports from Staff
Adjournment