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HomeMy WebLinkAboutOrdinances - MC-16-1135 - 09/06/2016 - CPT 17 ARTICLE II ADOPT MCSWMO REVISION DTD 4-5-1ORDINANCE NO. MC-16-1135 AN ORDINANCE AMENDING CHAPTER 17 OF THE CITY OF MCHENRY MUNICIPAL CODE TO ADOPT THE MCHENRY COUNTY STORM WATER MANAGEMENT ORDINANCE REVISION DATE APRIL 5, 2016 WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, as follows: SECTION 1: Chapter 17, Article II, Sec. 17-25 of the Municipal Code relating to STORM WATER MANAGEMENT is hereby amended to adopt the revised McHenry County Storm Water Management Ordinance with an effective date of April 5, 2016; attached as Exhibit A. SECTION 3: All ordinances, or parts thereof, in conflict with the terms and provisions hereof, be and the same are hereby repealed to the extent of such conflict. SECTION 4: This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois and a certified copy of this Ordinance shall be filed with the McHenry County Clerk. SECTION 5.: This ordinance shall be in full- force and effect from and after its passage, approval and publication, as provided by law. PASSED and APPROVED this 6th day of September 2016. Voting Aye: CONDON, CURRY, SCHAEFER, SANTI, GLAB Voting Nay: PETERSUPd Not Voting: NONE Abstaining: NONE Absent: WIMMER ATTEST: Ci Mayor EXHIBIT A Stormwater Management Ordinance Text Amendments Regarding Various Provisions SMO AMENDMENT #1 Article II, Section B.2.b (Page 8) b. Any development located partially or completely within the boundary of a wetland or waters; or SMO AMENDMENT #2 Article III, Section A.3.k.(2) (Page 18) (2) If either the existing building or proposed deck is within a flood hazard area, tThe deck shall be constructed as a stand-alone structure and shall not be attached to an existing building. SMO AMENDMENT #3 Article III, Section 11.2.b (Page 22) b. For regulated development disturbing 20,000 square feet or more, the development plan shall be prepared by a licensed professional engineer and include the following additional, information: (1) A benchmark referenced to NAVD88; {4}fLExisting contours extending 100 feet beyond the development site with a maximum contour interval of 1 foot; {�}�Existing spot elevations demonstrating drainage patterns; {-3)f�Top of foundation and lowest entry elevation of all existing buildings within 100 feet of the development site; {4}�A11 existing impervious areas such as roadways, structures, parking lots, driveways, sidewalksI pathways, trails; {&)JEThe existing Stormwater management system including storm sewers, drain tiles, culverts, and inlets on the development site and 100 feet beyond the development site. Information regarding the invert and rim elevations, pipe sizes, pipe lengths, and material type shall be provided; {-6}MExisting utilities including sanitary sewer, water main, onsite waste disposal system, well, or any other utilities that exist on the site and 100 feet beyond the development site. On development sites where an infiltration facility is proposed, existing water. supply wells shall be shown 200 feet beyond the development site. Information regarding the invert and rim elevations, pipe sizes, pipe lengths, and material type shall be provided; {-;4-&�JLocation and limits of all existing and proposed deed or plat restrictions; Existing trees and vegetation areas on the development site; 10 Proposed contours throughout the development site with a maximum contour interval of 1 foot; {-18} 11 Proposed spot elevations demonstrating drainage patterns; {�} 12 Top of foundation, lowest floor, low opening elevation, and floodproofing elevations of all proposed structures adjacent to a stormwater management facility or along an overland flow path; �} 13 All proposed impervious areas such as roadways, structures, parking lots, driveways, sidewalks, pathways, trails; {1-3} 14 The proposed stormwater management system including pipes, drain tiles, culverts, and inlets on the development site. Information regarding the invert and rim elevations, pipe sizes, pipe lengths, and material type shall be provided; Proposed utilities including sanitary, storm, water main, onsite waste disposal system, well, or any other utilities on the site. Information regarding the invert and rim elevations, pipe sizes, pipe lengths, and material type shall be provided; {-U5-} 16 Design details for proposed stormwater management system including, but not limited to major and minor stormwater systemsv�Rd; and {4=Q 17 Cross sections for overland flow paths, sufficient to demonstrate compliance with the freeboard requirements of this Ordinance. SMO AMENDMENT #4 Article III, Section B.2.j (Page 23) fArticle III, Section B.3.a. Disturbance of vegetation shall be kept to a minimum during construction to prevent erosion and sedimentation. The Enforcement Officer may add requirements or conditions as necessary to control soil erosion and sedimentation. SMO AMENDMENT #5 Article V, Section G.3 (Page 35) (3) A Letter of No Impact or a Wetland Determination Report, prepared by a wetland specialist, shall be submitted for all WOTUS and IWMC on the development site, if applicable. O:\STORM WATER\ORDINANCE\2015 Amendments\SMO AMENDMENTS staff added 010716 FOR LEGAL NOTICE.docx Page 2 SMU AMENDMENT #6 Article VI, Section A (Page 371 Table 3. Applicability of Soil Erosion and Sediment Control Performance Standards Requirements for Inspections Development and Basic Disturbing 1 Channel Maintenance Notification Special Requirements acre or More Requirements Requirements Requirements Precautions Type of Development A.1 A.2 A.3 A.4 A.S A.6 (General Permit Waived* W4i4u�N A Waived* Waived* Waived* Waived* If Channel Minor X N/A Construction X X X Included If Channel Intermediate X N/A Construction X X X Included If Channel Major X X Construction X X X Included If Channel Public Road X If Dev > 1 ac Construction X X X Included If Channel Mining X5 If Dev > 1 ac Construction X X X Included If Channel Flood Hazard Area X If Dev > 1 ac Construction X X X Included If Channel Wetland X If Dev > 1 ac Construction X X X Included * Refer to the Performance Standards and Terms and Conditions of Specified Development of the specific General Permit. O:\STORM WATER\ORDINANCE\2015 Amendments\SMO AMENDMENTS staff added 010716 FOR LEGAL NOTICE.docx Page 3 SMu AMENDMENT #7 Article VI, Section A.4.c. (Page 421 c. For regulated development disturbing 1 acre or more, a qualified inspector (provided by the applicant) shall inspect the development site at the following intervals: (1) Upon completion of installation of soil erosion and sediment control measures (including perimeter controls and diversions), prior to proceeding with any other earth disturbance or grading; (2) After stripping and clearing; (3) After rough grading; (4) After final grading; (5) After seeding and landscaping; (6) After final stabilization and landscaping, prior to removal of sediment controls; (7) At least once every 7 calendar days; and f1_Within 24 hours of the end of a storm that is 0.5 inch or greater rain event or a discharge due to snowmelt. {�}(9)Inspections may be reduced to once per month when construction activities have ceased due to frozen conditions. Weekly inspections will recommence when construction activities are conducted, or if there is 0.5 inch or -greater rain event or a discharge due to snowmelt occurs. SMO AMENDMENT #8 Article VI, Section C.2 (Page 55) 2. Determining the BFE and Limits of a Flood Prone Area a. The BFE shall be determined utilizing one of the following methodologies: 43 :jj,Adding 3 feet to the Flood of Record indicated on the USGS-Hydrologic Investigation Atlas; - f 2)_Adding 0.5 foot to the surface overflow of a depressional storage area. Where a smaller depressional storage area exists within a larger depressional storage area, the BFE shall be based on the highest surface overflow; or �-:The BFE may be determined by a licensed professional engineer using a model or technique identified in Appendix 5 of this Ordinance or otherwise approved by MCSC or IDNR/OWR. e-b. The limits of a flood prone area shall be the projection of the BFE onto the development site topography. O:\STORM WATER\ORDINANCE\2015 Amendments\SMO AMENDMENTS staff added 010716 FOR LEGAL NOTICE.docx Page 4 SMO AMENDMENT #9 Article VI, Section C.8.a.(2)iii. (Page 58) iii. Not exceed 0.1 foot upstream flood height increase for the base flood event, except as aHowled by the Bridge and Culvert standards of this Ordinance. SMO AMENDMENT #10 Article VI, Section C.9 (Page 58) 9. Additional Standards for Designated Floodways ., a. The only development in a designated floodwav which will be allowed is an appropriate use, which will not cause a rise in the BFE, and which will not create a damaging or potentially damaging increase in flood heights or velocity or be a threat to public health and safety and welfare or impair the natural hydrologic and hydraulic functions of the floodwav or channel, or permanently impair existing water quality or aquatic habitat. Construction impacts shall be minimized by appropriate mitigation methods as called for in this Ordinance. Only those appropriate uses listed in 17 III. Adm. Code Part 3708 will be allowed.. The approved appropriate uses are as follows: 11 Flood control structures, dikes, dams and other public works or private improvements relating to the control of drainage, flooding, erosion or water quality or habitat for fish and wildlife. 2) Structures or facilities relating to the use of, or requiring access to, the water or shoreline, such as pumpinr3 and treatment faces, and faces and improvements related to recreational boating, commercial shipping and other functionally water dependent uses. 3) Storm and sanitary sewer relief outfalls. 41 Underground and overhead utilities. 5) Recreational facilities such as playing fields and trail systems, including any related fencing (at least 50% open when viewed from any one direction) built parallel to the direction of flood flows, and including open air pavilions and toilet facilities (4 stall maximum) that will not block flood flows nor reduce floodwav storage. 6) Detached �ara�es, storage sheds, or other non -habitable accessory buildings that will not block flood flows nor reduce floodwav storage. 7) Brid>;es, culverts, roadways, sidewalks, railways, runways and taxiways and any modification thereto. O:\STORM WATER\ORDINANCE\2015 Amendments\SMO AMENDMENTS staff added 010716 FOR LEGAL NOTICE.docx Page 5 8) Parking lots built at or below existing grade where either: a) The depth of flooding at the base flood event will not exceed 1.0 foot• or b) The depth of flooding can be greater than 1.0 foot for parking lots used for short-term outdoor recreational use facilities, provided the applicant agrees to restrict access during overbank flooding events and agrees to accept liability for all damage caused by vehicular access during all overbank flooding events. 9) Designated floodway regrading, without fill, to create a positive non -erosive slope toward a channel. 10) Floodproofing activities to protect previously existing lawful buildings including the construction of water tight window wells elevating buildings or construction of floodwalls around residential, commercial or industrial principal buildings where the outside toe of the floodwall shall be no more than 10-feet away from the exterior wall of the existing building, and which are not considered substantial improvements to the building. 11) The replacement, reconstruction, or repair of a damaged building provided that the outside dimensions are not increased and provided that the Building Protection Standards are met if the replacement, reconstruction or repair is a substantial improvement or if the building is considered substantially damaged. 12) Modifications to an existing building that would not increase the enclosed floor area of the building below the BFE, and which will not block flood flows including but not limited to, fireplaces, bay windows, decks patios and second story additions. Substantial improvements shall meet the Building Protection Standards. b. Appropriate uses do not include the construction or placement of any new buildings fillI building additions, buildings on stilts, excavation or channel mocations done to accommodate otherwise non -appropriate uses in the floodway, fencing (including landscaping or planting designed to act as a fence) and storage of materials except as specifically defined above as an appropriate use. c. Development of an appropriate use will be considered permissible provided that the development meets the following criteria: 1) All effective designated floodway conveyance lost due to the development will be replaced for all flood events up to and including the base flood event. In calculating effective designated floodwav convevance, the following factors shall be taken into consideration: a) K = z/s (1.486/n)(AR) O:\STORM WATER\ORDINANCE\2015 Amendments\SMO AMENDMENTS staff added 010716 FOR LEGAL NOTICE.docx Page 6 where "n" is Manning's roughness factor, "A" is the effective flow area of the cross-section, and "R" is the ratio of the area to the wetted Derimeter. b) The same Manning's "n" value shall be used for both existing and proposed conditions unless a recorded maintenance agreement with a federal, state, or local unit of government can assure the proposed conditions will be maintained or the land cover is changing from a vegetative to a non -vegetative land cover. c) Transition sections shall be provided and used in calculations of effective designated floodway conveyance. The following expansion and contraction ratios shall be used (unless alternate ratios are approved by IDNR/OWR) for excavations in the designated floodway, between cross -sections with rapid expansions and contractions, and when matching the designated floodway boundary on an adjoining property: i. Water will expand no faster than at a rate of 1 horizontal foot for every 4 feet of the flooded stream's length. ii. Water will contract no faster than at a rate of 1 horizontal foot for every 1 foot of the flooded stream's length. Water will not expand or contract faster than 1 vertical foot for every 10 feet of flooded stream's length. iv. All cross -sections used in the calculations shall be located perpendicular to the flood flows. v. In the design of excavations in the designated floodway, erosion or scour protection shall be provided on land upstream and downstream of proposed transition sections. SMO AMENDMENT #11 Article VI, Section C.13.b.(3) (Page 68) (3) For regulated development in a riverine flood hazard area: i. Hydraulically equivalent compensatory storage volume shall be provided at ratios at least equal to: (a) 1.5 times the flood storage volume lost or displaced; or (b) 1.2 times the flood storage volume lost or displaced, provided that as -built plans are submitted. For a Public Road Development that cannot reasonably provide the compensatory storage volume required by this Ordinance;: 0:\STORMWATER\ORDINANCE\2015 Amendments\SMO AMENDMENTS staff added 010716 FOR LEGAL NOTICE.docx Page 7 �a) The hydraulically equivalent compensatory storage volume required at a minimum 1:1 ratio may be waived by the Enforcement Officer as long as the total compensatory storage ratio is at least equal to 1:1. The waiver shall be the minimum necessary to afford relief. Any compensatory storage within a designated floodway shall be approved by IDNR/OWR. +�� Tthe additional compensatory storage volume required beyond a 1:1 ratio may be waived by the Enforcement Officer. The waiver shall be the minimum necessary to afford relief. iii. Any additional compensatory storage volume required beyond a 1:1 ratio may be provided above or below the 10 year flood elevation. iv. The compensatory storage area shall be located inclose proximity to the fill area and shall drain freely and openly to the channel. SMO AMENDMENT #12 Article VI, Section C.15 (Page 69) 15. Standards for On -Stream Structures Built for the Purpose of Backing Up Water a. Any water surface profile increase shall: 11 Be contained within the banks of the water body; or 2) Be contained within the development site, property in which the applicant has an ownership interest, or a deed or plat restriction; or 3) Not exceed 0.1 foot upstream flood height increase for all events up to and includi"S the base flood event. b. All dams and impoundment structures shall meet the applicable requirements of 17 III. Adm. Code Part 3702 (Construction and Maintenance of Dams). c. If the proposed activity involves a modification of the channel or floodway to accommodate an impoundment, it shall be demonstrated that: 1) The impoundment is determined to be in the public interest by providing flood control, public recreation, or regional stormwater detention•. 2) The impoundment will not prevent the migration of indigenous fish species which require access to upstream areas as part of their life cycle. such as for spawning; 3) The impoundment will not cause or contribute to degraded water quality or habitat conditions. Impoundment design should include gradual bank slopes appropriate bank stabilization measure, and a pre -sedimentation basin• and 4) A nonpoint source control plan has been implemented in the upstream watershed to control the effects of sediment runoff as well as minimize the input of nutrients, oil and grease, metals and other pollutants. If there is O:\STORMWATER\ORDINANCE\2015 Amendments\SMO AMENDMENTS staff added 010716 FOR LEGAL NOTICE.docx Page 8 more than one municipality in the upstream watershed, the municipality in which the impoundment is constructed should coordinate with upstream municipalities to ensure comprehensive watershed control. SMO AMENDMENT #1 Article VI, Section C.16 (Page 69) 16. Bridge and Culvert Standards a. Designated Floodways 1) New bridges and culverts a) Any water surface profile increase shall: i. Be contained within the banks of the water body; or ii. Be contained within the development site, property in which the applicant has an ownership interest, or a deed or plat restriction; or b) The proposed structure shall not result in an increase of upstream flood stages greater than 0.1 foot for all flood events up to and including the base flood event; and c) If the proposed construction will increase upstream flood stages greater than 0.1 foot within a designated floodway, the applicant shall contact IDNR/OWR to obtain a permit for a dam or waiver. 2) Reconstruction or modification of existing bridges, culverts and approach roads a) The bridge or culvert and roadway approach reconstruction or modification shall be constructed with no more than 0.1 foot increase in backwater over the existing flood profile for all flood frequencies up to and including the base flood event, if the existing bridge or culvert is not a source of flood damage. b) If the existing bridge or culvert and roadway approach is a source of flood damage to buildings in the upstream floodplain, the applicant's engineer shall evaluate the feasibility of redesigning the structure to reduce the existing backwater, taking into consideration the effects on flood stages on upstream and downstream properties. c) The determination as to whether or not the existing crossing is a source of flood damage and should be redesigned must be prepared in accordance with 17 III. Adm. Code Part 3708 (Floodway Construction in Northeastern Illinois) and submitted to IDNR/OWR for review and concurrence before a permit is issued. O:\STORMWATER\ORDINANCE\2015 Amendments\SMO AMENDMENTS staff added 010716 FOR LEGAL NOTICE.docx Page 9 b. Non -Designated Floodways and Flood Prone Areas 1) New bridges and culverts a) Documentation must be provided that the proposed crossing will not cause demonstrable flood damage; and Anv water surface profile increase shall: i. Be contained within the banks of the water body' or ii. Be contained within the development site, property in which the applicant has an ownership interest, or a deed or plat restriction; or c) In urban areas, the water surface profile increase would not exceed 0.5 foot at the structure, nor 0.1 foot at a point 1000 feet upstream of the structure, for all flood events up to and including the base flood event, as determined by the horizontal projection of the increase and the slope of the hydraulic grade line for the existing and proposed conditions hydraulic models; or d) In rural areas, the water surface profile increase would not exceed 1.0 foot at the structure, nor 0.5 foot at a point 1000 feet upstream of the structure, for all flood events up to and including the base flood event, as determined by the horizontal projection of the increase and the slope of the hydraulic grade line for the existing and proposed conditions hydraulic models; and e) Any increase in the average channel velocity would not be beyond the scour velocity of the predominant soil type of the channel• or f) Increased scour, erosion and sedimentation would be prevented by the use of rip -rap or other design measures. 2) Reconstruction or modification of existing bridges, culverts and approach roads a) The reconstruction (including approach roads) shall be no more restrictive to normal and flood flows than the existing bridge or culvert crossing; and b) Documentation must be provided that the existing crossing has not caused demonstrable flood damage. In the case of public protects certification by a District Engineer of the Department of Transportation's Division of Highways, a County Engineer (if a registered professional engineer), or a Municipal Engineer (if a registered professional engineer) that the existing crossing has not used demonstrable flood damage will be adequate documentation. O:\STORM WATER\ORDINANCE\2015 Amendments\SMO AMENDMENTS staff added 010716 FOR LEGAL NOTICE.docx Page 10 SMU AMENDMENT #14 Appendix 9. McHenry County Watersheds (Page 115) Map of McHenry County depicting the major watersheds of the county including the Crystal Lake sub -watershed boundary. McHenry County, Illinois Watersheds McHenry County Watersheds Crystal Lake Watershed = Fox-Kishwaukee Watersheds Divide 0 i 2 4 6 Miles TOWNSHIPS O:\STORM WATER\ORDINANCE\2015 Amendments\SMO AMENDMENTS staff added 010716 FOR LEGAL NOTICE.docx Page 11 SMO AMENDMENT #15 Appendix 10: McHenry County Watershed Plans (Page 116) Add Boone -Dutch Creek Watershed to list of plans SMO AMENDMENT #16 Appendix 12: Definitions (Page 126) MO AMENDMENT #17 Appendix 12: Definitions (Page 130) development: Any man-made change to real estate by private property owners or public agencies including, but not limited to: A. Construction, reconstruction, repair or remodeling, maintenance or placement o_f a building or any addition to a building, including "ag exempt" buildings; B. Installing a manufactured home on a site, preparing a site for a manufactured home, or installing a recreational vehicle or travel trailer on a site for more than 180 days (if the recreational vehicle or travel trailer is on the site for less than 180 days, it must be fully licensed and ready for highway use); C. Drilling, mining, installing utilities, construction of roads, bridges, or similar projects; D. Demolition of a structure or redevelopment of a site; E. Construction or erection of levees, walls, fences, dams, or culverts; F. Channel modification; G. Filling, dredging, grading, excavating, paving, or other alterations of the ground surface; H. Storage of materials; I. Extensive removal of vegetation; or J. Any other activity of man that changes the air^�,height; or velocity of flood or surface water. O:\STORM WATER\ORDINANCE\2015 Amendments\SMO AMENDMENTS staff added 010716 FOR LEGAL NOTICE.docx Page 12 11 LORM 11 1 1 1/ Appendix 12: Definitions (Page 136) hydrologically disturbed: An area where the land surface has been cleared, grubbed, compacted, graded, excavated, filled or otherwise moed in a manner that changes runoff volumes; or rates, OF —ice. SMO AMENDMENT #19 Appendix 12: Definitions (Page 143) rural area: The rural area designation within non -designated floodways shall be determined by IDNR/OWR. In flood prone areas, all residential, commercial or other non-residential land uses that are not defined as or included within an Urban Area, as defined by the U.S. Department of Commerce, Census Bureau (USCB) or as approved by the Enforcement Officer. SMO AMENDMENT #20 Appendix 12: Definitions (Page 145) urban area: The urban area designation within non -designated floodways shall be determined by IDNR/OWR. In flood prone areas, any densely developed residential, commercial or other non-residential land uses in which the U.S. Department of Commerce, Census Bureau (USCB) census block or tract contains a population density of at least 2,500 people, at least 1,500 of which reside outside institutional group quarters or as approved by the Enforcement Officer. Urbanized Areas and Urban Clusters, as defined by the USCB, are subsets of urban areas. A map of all urban areas of the county can be found on the USCG website: http:tigerweb DE, eo.census0ra tigerweb/. O:\STORMWATER\ORDINANCE\2015 Amendments\SMO AMENDMENTS staff added 010716 FOR LEGAL NOTICE.docx Page 13 SIVIO AMENDMENT #21 Appendix 12. Definitions (Page 126) Rearrange location of "agricultural building" definition from after "accessory building" to after "Advanced Identification Wetland Study(ADID)". SMO AMENDMENT #22 Article VI, Section B.5.d.(4)ii (Page 52) ii. Detention within IWMC shall require IWMC mitigation, unless the detention facility is vegetated according to the standards of the Native Plant Guide for Streams and Stormwater Facilities in Northeastern Illinois (NRCS, et al.) and the pre -development IWMC is comprised of: (a) Farmed wetlands; (b) Non -farmed wetlands that are not HQAR covered by at least 85% of one or more of the following species: (i) Reed canary grass (Phalaris arundinacea) (ii) Purple loosestrife (Lythrum salicaria) (iii) Common reed (Phragmites australis) (iv) Buckthorn (Rhamnus spp.) (c) Non -farmed wetlands that are not HQAR with a FQI of 7 or less; or {4Ld open water that is not HQAR. O:\STORM WATER\ORDINANCE\2015 Amendments\SMO AMENDMENTS staff added 010716 FOR LEGAL NOTICE.docx Page 14 SMO AMENDMENT #23 Table 1(Page 10) TABLE 1 Regulation of Routine Projects Project Type Exempt General Permit Individual Permit Refer to Appendix 12: Refer to Appendix 12: Building Maintenance Maintenance of Existing N/A Substantial Buildings Improvement New Single Family Home N/A Refer to Article III, Section B: General Permit 2 All Other Development Regulated by Article II, Section B Refer to Appendix 12: 4 A Refer to Article III, All Other Development Road Maintenance Maintenance of Roads and Trails Section A: General Regulated by Article II, Section B Permit 1 Trails Refer to Appendix 12: Maintenance of Roads and Trails Refer to Article III, Section A: General Permit 1 All Other Development Regulated by Article II, Section B Driveways Refer to Appendix 12: Other Maintenance Activities Refer to Article III, Section A: General Permit 1 All Other Development Regulated by Article II, Section B Refer to Appendix 12: All Other Development Parking Lots Other Maintenance Activities N/A Regulated by Article II, Section B Culverts, Storm Sewers, and Drain Tiles Refer to Appendix 12: Other Maintenance Activities Refer to Article III, Section A: General Permit 1 All Other Development Regulated by Article II, Section B Refer to Appendix 12: NARefer to Article III, All Other Development Bridges Other Maintenance Activities Section A: General Permit 1 Regulated by Article II, Section B Dredging Refer to Appendix 12: Other Maintenance Activities Refer to Article III, Section A: General I Permit 1 All Other Development Regulated by Article II, Section B Removal of an Obstruction Refer to Appendix 12: Other Maintenance Refer to Article III, Section A: General All Other Development Regulated by Article II, Activities Permit 1 Section B Stormwater Management Facilities Refer to Appendix 12: Other Maintenance Activities N/A All Other Development Regulated by Article II, Section B Gardening and Landscaping Refer to Article II, Section C: Exempted Development N/A All Other Development Regulated by Article II, Section B Tillage and Similar Agricultural Practices Refer to Article II, Section C: Exempted Development N/A All Other Development Regulated by Article II, Section B O:\STORM WATER\ORDINANCE\2015 Amendments\SMO AMENDMENTS staff added 010716 FOR LEGAL NOTICE.docx Page 15 Project Type Exempt General Permit Individual Permit Implementing a NRCS Refer to Article II, All Other Development Conservation Plan Section C: Exempted N/A Regulated by Article II, Development Section B Refer to Article II, All Other Development Demolition Section C: Exempted N/A Regulated by Article II, Development Section B Onsite Waste Disposal Refer to Article II, Refer to Article III, All Other Development Systems and Wells Section C: Exempted Section A: General Regulated by Article II, Development Permit 1 Section B Sewer and Water Service Refer to Article II, All Other Development Lines Section C: Exempted N/A Regulated by Article II, Development Section B Underground and Refer to Appendix 12: Refer to Article III, All Other Development Overhead Utilities Other Maintenance Section A: General Regulated by Article II, Activities Permit 1 Section B Refer to Article III, All Other Development Seawalls N/A Section A: General Regulated by Article II, Permit 1 Section B Shoreline and Streambank Refer to Article III, All Other Development Stabilization N/A Section A: General Regulated by Article II, Permit 1 Section B Refer to Article III, All Other Development Boat Docks N/A Section A: General Regulated by Article II, Permit 1 Section B Signposts, Poles Fencing, Refer to Article III, All Other Development and Guardrails N/A Section A: General Regulated by Article II, Permit 1 Section B Refer to Article III, All Other Development Decks N/A Section A: General Regulated by Article II, Permit 1 Section B Refer to Article III, All Other Development Pools N/A Section A: General Regulated by Article II, Permit 1 Section B Refer to Article III, All Other Development Material Storage N/A Section A: General Regulated by Article II, Permit 1 Section B Wetland Restoration and Refer to Article III, All Other Development Enhancement N/A Section A: General Regulated by Article II, Permit 1 Section B O:\STORM WATER\ORDINANCE\2015 Amendments\SMO AMENDMENTS staff added 010716 FOR LEGAL NOTICE.docx Page 16 Table 2 (Page 12) TABLE 2 Summary of General Permit 1 wwwwwwwwww Type of Regulated Development Applicability Authorization Terms and Conditions Underground and Overhead Utilities A.1 A.2 A.3.a, A.3.b Storm Sewer Outfalls, Drain Tile Outfalls, and Outlet Channels A.1 A.2 A.3.a, A.3.c Road Maintenance and Bridges A_1 A_2 A.3.a, A.3.d Sidewalks, Trails, Driveways, and Patios A.1 A.2 A.3.a, A.3.de Boardwalks A.1 A.2 A.3.a, A.3.ef Seawalls A.1 A.2 A.3.a, A.3.fg Other Shoreline and Streambank Protection A.1 A.2 A.3.a, A.3.0h Minor Non -Commercial Boat Docks A.1 A.2 A.3.a, A.3.#i Signposts, Poles, Fencing, and Guardrails A.1 A.2 A.3.a, A.3.+1 Minor Modification of Culverts, Storm Sewers, and Drain Tiles A.1 A.2 A.3.a, A.3.}k Decks A.1 A.2 A.3.a, A.3 4l Topsoil and Sand Restoration A.1 A.2 A.3.a, A.3.4m Pools A.1 A.2 A.3.a, A.3.e}n Replacement Onsite Waste Disposal Systems A.1 A.2 A.3.a, A.3.+4o Material Storage A.1 A.2 A.3.a, A.3.ep Dredging A.1 A.2 A.3.a, A.3.-pq Wetland Restoration and Enhancement A.1 A.2 A.3.a, A.3.gr Article III, Section A.3.d (Page 15) d. Maintenance of existing roads and bridges - To be authorized by this General Permit Number 1, maintenance of existing roads and bridges shall meet the following criteria. (1) Rehabilitative maintenance, such as milling and overlaying,e that does not increase th impervious area and does not increase the surface elevation. Maintenance also includes increasing the surface elevation with the following limitations: i. Resurfacing outside flood hazard areas; O:\STORM WATER\ORDINANCE\2015 Amendments\SMO AMENDMENTS staff added 010716 FOR LEGAL NOTICE.docx Page 17 ii. Resurfacing within flood prone areas; . Resurfacing within the flood fringe, provided the difference between the elevation of the road or bI ral= surface after resurfat. inra and the elevation of the road or bridge surface on the effective date of this Ordinance is not more than two inches. �2) Repair, not including in -kind replacement, of an existinb bride outside the designated floodway. O:\STORM WATER\ORDINANCE\2015 Amendments\SMO AMENDMENTS staff added 010716 FOR LEGAL NOTICE.docx Page 18 Appendix 1: Permitting Flowcharts (Page 96) Development Classification Flowchart (Pagel of 2) o N - e !v} f° r® } V9 CO o rd q ,,, w u e� '� _ '� � ,� a � ��+ gin'` � f m e a u c C �i' c m gas c csr $ o a o long =c^Gs� CE—a 40 �i �"i .�. 4�[ 6"r� 'S. �f G. 'f' 1- i - 1 ,i C'� {:i !.i � 4 !Y �"1 1"1 W sS $ 4> r G ate, N .. i a i C O:\STORM WATER\ORDINANCE\2015 Amendments\SMO AMENDMENTS staff added 010716 FOR LEGAL NOTICE.docx Page 19 Runoff Control Submittal Flowchart (Page 2 of 2j Is the Development a Minor YES Development Is Stormtrater Stora_e Required? (Refer to the Qther ITS Flow4a .hart on this Page) 7 O See Runoff Control Submittal Requirements - Article V.E.2, 3a. 3b, 34+-j. 5 See Runoff Control Submittal Requirements - Article V.E.O. 5 See Runoff Control 5ubmittat Requirements - Article V.E.2- S Flood Hazard Area Submittal Flowchart (Page 3 of 3) Krill the ev iepmPnt Involve Fill in the Flaod Hazard Area? Gomvensaton• Storage is Not Required O ASl'hs nn 'a► im+fb� m nt Gal rtllatian lS 15 Not Required L thDlEtempt e eveooment S from the Carnoensatory Storage Requirements? (See Article VI.C.13(a)) 0 See Fiaod Hazard Area Submittal Req�rirements - Article V.F.2,45 See Flood Hazard Area ]•ES Submittal Requirements - Article O:\STORM WATER\ORDINANCE\2015 Amendments\SMO AMENDMENTS staff added 010716 FOR LEGAL NOTICE.docx Page 20 Wetlands, Waters and Buffer Area Submittal Flowchart Are the th�etland and Waters unde USAGE Jurisdiction? 1rt�ill IWhiG be Impacted by the Development? See VUetlai�ds, V1'aters. and Buffer Area Submittal Requirements - Article V.G.2- 6,10 See Wetlands. 6Vatersand AS Buffer Area Submittal Requirements - Article V.G.2- Is the_l7evelanmeut Exempt See G4'etlands. Waters and YES from the IWMC Mitigation YES Buffer Area Submittal A�uirpmentc? C f r to Requirements - Article V.G.2. ArticleVI... .al>1 6, 10 See Wetlands, Watersrand Buffer Area Submittal Requirements - Article V.G.2- 11 O:\STORMWATER\ORDINANCE\2015 Amendments\SMO AMENDMENTS staff added 010716 FOR LEGAL NOTICE.docx Page 21