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HomeMy WebLinkAboutResolutions - R-02-022 - 11/18/2002 - RECOMMEND CHANGES TO MCH CO WATERSHED ORDINANCE ANR-02-022 RESOLUTION OF THE CITY OF McHENRY A Resolution Recommending Changes to the McHenry County Watershed Development Ordinance and Technical Reference Manual WHEREAS, the County of McHenry ("County") established a McHenry County Stormwater Committee ("Committee") to draft a McHenry County Watershed Development Ordinance, which includes a Technical Reference Manual ("Ordinance"), that would be applicable to both unincorporated and incorporated property throughout McHenry County; and WHEREAS, the Committee has determined that uniform and consistent enforcement is needed throughout the County and is requiring that municipalities adopt standards that are, at a minimum, as stringent as the Ordinance or be required to follow the Ordinance; and WHEREAS, local officials recognize the need for stormwater regulations and wetlands protection and most municipalities with the County have adopted the Northeastern Illinois Planning Commission's ("NIPC") Model Stormwater Drainage and Detention Ordinance, as well as NIPC's model ordinances regulating soil erosion and sediment control and stream and wetland protection; and WHEREAS, the draft Ordinance has been presented to the public and public officials and their professional staff, including Registered Professional Engineers who are proficient in the subject matter of the Ordinance; and WHEREAS, said municipal professionals recognize the spirit of the Ordinance but, after careful study and consideration, have determined that its impact has overstepped its original purpose and, in many instances, will require unnecessary expense and hardship for many property owners within the County; and WHEREAS, local officials also question the authority of the County to require stricter standards than their local Ordinances, which are based on the NIPC model Ordinances; and WHEREAS, while the City of McHenry ("City") understands the underlying purpose for drafting the Ordinance, it is apparent that municipal laws were not taken into consideration; and WHEREAS, after careful study of the Ordinance, the City has prepared a list of recommendations for the Ordinance before the Committee brings the Ordinance to the County Board. NOW, THEREFORE, be it resolved by the Mayor and Aldermen of the City of McHenry, McHenry County, Illinois, that if the County moves forward with the adoption of the Ordinance, the following recommendations should be incorporated into the Ordinance: 1. In the recent public meetings, you indicated that after the November 7, 2002 Public Hearing, the Stormwater Committee would discuss amendments and recommend the County Board to approve the amended Ordinance. You did not indicate whether the County will hold an additional Public Hearings on the amended document. We request an additional Public Hearing be held to present the amended document to the public. 2. In the recent public meetings, the presenters indicated that certain requirements of the Ordinance are optional or can be interpreted on a case by case basis. Because of the difficulty involved in consistent enforcement of a countywide Ordinance, we feel that as much as possible, the Ordinance should be interpreted as it is written. Therefore, our comments are based on the written draft Ordinance. - 3. To the best of our knowledge, the Technical Advisory Committee (TAC) has not reviewed drafts of the proposed Ordinance since the TAC was dissolved in early 1998. We recommend the TAC be re -activated and requested to review the proposed Ordinance in detail. 4. The ordinance appears to regulate streambank stabilization in the same manner as other channel modifications. In order to reduce the added costs to such beneficial projects (which are typically under -funded), streambank stabilization projects should be exempt from the permitting process or "fast -tracked" via a countywide Permit. 5. Article II (page 7): The definition for Flood Protection Elevation (FPE) requires three feet of freeboard above the base flood elevation. This requirement appears to be excessive. We recommend that Ordinance require one foot of freeboard as required by the FEMA Floodplain Regulations. 6. Article II (page 8): The definition for Isolated Waters of McHenry County only excludes permitted excavations. In our experience, the majority of excavations, including roadside ditches, do not have a recorded Permit. This definition should be modified to also exclude non -permitted excavations that are located in areas of mapped upland soils. We recommend that you refer to the Army Corps definition of Waters of the United States, which can be found in the Federal Register, Volume 51, Number 219, Part 328. For your reference, we have included a copy of this definition as an attachment. 7. Article III, Section A (page 15): In order to ensure that Ordinance is consistently enforced by people with knowledge of the Ordinance, the County should consider a methodology for Enforcement Officers certification. Additionally, since Enforcement Officers of certified communities will also be required to review wetlands related issues, the County should maintain a list of qualified wetlands specialists. 8. Article III, Section D.5 (page 17): The Ordinance requires a performance bond equal to 150 percent of the estimated construction cost of the stormwater management system. Many of the municipalities in McHenry County currently require Bonds or Letters of Credit to guarantee completion of the stormwater management system and other public improvements. The typical percent required is 110 to 125 percent of the estimated cost. We suggest that certified communities be allowed to set the percentage. 2 9. Article III, Section D.9 (page 18): It is unclear whether inspections will be required of such items as wetland delineations, topographical surveys and watershed tributary area investigations. The Committee should clarify the level of detail expected from the Enforcement Officer. Additionally, the Ordinance currently requires a minimum of three inspections of all development projects, including minor developments. In our opinion, this inspection requirement will significantly increase the time and cost of small developments. This section also indicates that the permittee's engineer must indicate that the project is completed in accordance with the Ordinance. This would require a Professional Engineer to sign off on minor developments. We are concerned that these requirements are overly burdensome, time consuming and expensive for 300 square feet of development. 10. Article IV, Section A.4 (page 20): By this definition, the majority of private, residential projects will require a Watershed Development Permit for approval. Since no detention is required for minor development, this level of enforcement has no effect on prevention of cumulative impacts, which is the goal of the Ordinance. In our opinion, this criterion for regulated development should be deleted from the Ordinance. We would endorse a minimum threshold for regulated development at 5,000 square feet or more of hydrologic disturbance. 11. Article IV, Section A.5 (page 20): By this definition, all development will be considered regulated development, because even the most minor work will result in changing the quantity, rate or direction of stormwater runoff. In our opinion, this section should be deleted from the Ordinance. 12. Article IV, SectionE.3 (page 22): The Ordinance requires that the application package be denied if it is not approved or denied within 30 calendar days of the latest item submitted. In our opinion, this schedule should only be required of the County, and the certified communities should be allowed to set their own review periods. Additionally, in order to provide incentive for a prompt review from the County and reduce the potential need for re -submittals, we suggest that the Ordinance be modified to state that the application be approved if it is not approved or denied within 30 calendar days of the latest item submitted. 13. Article V, Section B (page 24): The Ordinance includes a statement relative to public road developments that result in less than 1.5 acres of new impervious area or less than the rate of 1.5 acres of new impervious area per linear mile. The Ordinance should also specifically address public road developments over this threshold. In our opinion, public road developments over this threshold will have an even more difficult time meeting the requirements of the Ordinance and should be given the same consideration as development under the threshold. 14. Article VI. Section A (page 64): The application requirements for minor developments do not require proper expertise. For instance, the Ordinance requires a grading plan showing proposed and existing contours for minor developments; however, the ordinance does not require the plan to be prepared by a licensed Engineer or M Surveyor. Because the Ordinance does not require the application requirements to be prepared or reviewed by licensed professionals, there is no way to verify the accuracy of the submittal. 15. Article I, Section A (page 3): Administration and enforcement of the Ordinance should be performed by either the certified community or the Stormwater Committee, not both. 16. Article II (page 4): Definitions should be included for redevelopment, wetland impacts, temporary erosion control, permanent erosion control, roadside ditches, and perennial water resources. 17. Article II (page 4): The definition of "channel" as it is currently written includes any conduit or culvert in which surface or groundwater flows. This would include storm sewers. The definition of "channel" also includes lakes and depressional storage. This definition should be modified so that storm sewers, lakes and depressional storage are excluded in the definition of channel. 18. Article II (page 6): Exempted development includes resurfacing of roadways that results in no increase in road elevation. How is increase of elevation defined? A typical road resurfacing may result in an increase of 1-3 inches over the existing road. In our opinion, this increase of road elevation should not require a Permit. 19. Article IV, Section A (page 20): Development which results in wetland impacts should be included as regulated development. 20. Article IV, Section F.1 (page 22): The two year term for Permits is not sufficient for large developments. Does subsection 3 allow for unlimited six month extensions of the same Permit? 21. Article V, Section A.5 (page 24): As it is written, this section would eliminate the ability of communities to issue Building Permits for model homes. 22. Article V, Section B.3.d.(12) (page 31): This section refers to a channel maintenance easement. The Ordinance should identify the owner of the easement. 23. Article V, Section C.Le (page 31): In this section, the Ordinance states that temporary soil stabilization shall be applied to disturbed areas within 10 days of the end of "active soil disturbance". Please clarify this term as it relates to a development that uses the mass gradinglexcavating construction method. After completion of the mass grading work, the developer typically installs the underground utilities and roads. During this time period, "active soil disturbance" continues. The Ordinance should clarify the requirements of the developer relative to temporary soil stabilization. 24. Article V, Section C.21(2) (page 32): The sizing of the sediment trap required by this section of the Ordinance appears to be excessive. We recommend that this section of GI the Ordinance be checked to confirm whether this section contains a typographical error. We request information on how the required sizing was calculated. 25. Article V, Section D.4.h (page 39): This section limits the community's ability to provide detention facilities and water quality improvements appropriate for specific projects. The Ordinance should set a performance standard instead of dictating a particular design that may not meet the multiple goals of a community. 26. Article V, Section D.8.c (page 42): The current wording of this section is unclear. We recommend that this section be reworded to refer to structures adjacent to an overland flow path. 27. Article V, Section E.l.b.(3) (Page 43): In order to allow for the acceptance of new computer models by the IDNR, we recommend that the Ordinance does not list specific computer models and methods for the hydrologic and hydraulic modeling of the BFE. Instead, we recommend that the Ordinance state that the technique must be approved by the IDNR/OWR. 28. Article V, Section E. Lb.(3) (page 43): The Ordinance requires that if no BFE information exists, all BFE determinations must be submitted to MCSC for approval. We recommend the Ordinance allow BFE determinations for non-reverine depressional floodplains with less than 20 acres of tributary drainage area be reviewed and approved by the Enforcement Officer in certified communities. 29. Article V, Section E.8.h (page 56): The Ordinance should include a requirement that necessary Permits from the USACOE be obtained prior to construction of temporary crossings of streams and waterways. 30. Article VI, Section C.2 (page 67): The Ordinance requires the same application requirements for both intermediate and major developments. In our opinion, these categories should be grouped together as one. 31. Per State Legislation 55 ILCS 515 — 1062 Section 5-1062 Stormwater Management (b): A Stormwater Management Planning Committee shall be established by County Board Resolution, with its membership consisting of equal numbers of County Board and municipal representatives from each County Board District, and such other members as may be determined by the county and municipal members. BE IT FURTHER RESOLVED that it is the position of the City of McHenry's Council that a more effective Ordinance be developed by including representatives from all the municipalities within the County and said representatives would be active participants and bringing the Ordinance to a more equitable level of effectiveness and acceptance. BE IT FURTHER RESOLVED that a certified copy of this Resolution be sent to each member of the Committee, the McHenry County Board, the McHenry County Clerk, the McHenry County State's Attorney and McHenry County Department of Planning and Development Director. DATED this day of APPROVED: A-r1 I�rr' Mayor • / CI