A.
This chapter is enacted pursuant to the police powers granted to
the Village by the Illinois Compiled Statutes, 65 ILCS 5/1-2-1, 5/11-12-5,
5/11-30-8, 5/11-109-1, and 5/11-107-1.
B.
The purpose of this chapter is to diminish threats to public health
and safety, protect property, prevent damage to the environment and
promote public welfare by guiding, regulating and controlling the
design, construction, use and maintenance of any new development or
redevelopment or other activity which disturbs or breaks the topsoil
or otherwise results in the movement of earth, and/or changes the
stormwater drainage pattern and/or stormwater flows from that which
would have occurred if the land had been left in its natural state.
This stormwater runoff and resulting soil erosion could result in
the inundation of damageable properties, the erosion and destabilization
of downstream channels, and the pollution of valuable stream and lake
resources. This chapter regulates these activities to minimize adverse
impacts.
C.
The purpose of this chapter is also to comply with the General National
Pollutant Discharge Elimination System (NPDES) Permit No. ILR40 regulations,
the notice of intent (NOI) submitted to the IEPA in 2003.
D.
This chapter is adopted to accomplish the following objectives:
(1)
To assure that new development or redevelopment does not increase
the drainage or flood hazards, or create unstable conditions susceptible
to soil erosion;
(2)
To protect new buildings and major improvements to buildings from
flood damage due to increased stormwater runoff and soil erosion;
(3)
To protect human life and health from the hazards of increased flooding
and soil erosion on a watershed basis;
(4)
To lessen the burden on the taxpayer for flood control projects,
repairs to flood-damaged public facilities and utilities, correction
of channel erosion problems, and flood rescue and relief operations
caused by stormwater runoff and soil erosion quantities from new development
or redevelopment;
(5)
To protect, conserve, and promote the orderly development of land
and soil, water, air, animal, and plant resources;
(6)
To preserve the natural hydrologic and hydraulic functions of watercourses
and floodplains and to protect water quality and aquatic habitats;
(7)
To preserve the natural characteristics of stream corridors in order
to manage flood and stormwater impacts, improve water and groundwater
quality, reduce soil erosion, protect aquatic and riparian habitat,
maintain quality forest resources, provide recreational opportunities,
provide aesthetic benefits, enhance community and economic development.
Before a drainage permit under this chapter becomes effective,
all required federal, state and local permits will have been officially
approved. The acquisition of these permits shall be the sole responsibility
of the applicant. These may include but are not limited to Section
404 of the Clean Waters Act, Section 106 of the National Historic
Preservation Act, Section 10 of the Rivers and Harbors Act, or permitting
required by the Illinois Department of Natural Resources, Office of
Water Resources in accordance with the Rivers, Lakes and Streams Act
(615 ILCS), the Soil and Water Conservation Districts Act (70 ILCS),
the Farmland Preservation Act (505 ILCS), the Illinois Groundwater
Protection Act (415 ILCS), and the National Pollutant Discharge Elimination
System Permit (NPDES) through the Illinois Environmental Protection
Agency, Division of Water Pollution Control. Compliance is also required
with, but not limited to, the Subdivision Control Code.
This chapter applies to all new development or redevelopment
in the Village. Except as otherwise provided in this chapter, no person,
firm or corporation, public or private, the State of Illinois and
its agencies or political subdivisions, the United States of America,
and its agencies or political subdivisions, any agent, servant, officer
or employee of any of the foregoing which meets the following provisions
or is otherwise exempted in this chapter shall commence any development
activities without first having obtained a drainage permit from the
Mayor or his designee.
A.
Any new development or redevelopment containing an area of one acre;
or
B.
Any new development or redevelopment that contains an area 10,000
or more square feet of total impervious surface (i.e., streets, roof,
patio, or parking area or any combination thereof); or
C.
Any land-disturbing activity (i.e., clearing, grading, stripping,
excavation, fill, or any combination thereof) that affects an area
of 10,000 or more square feet, or that will exceed 100 cubic yards;
or
Drainage permits shall not be required for the following:
A.
Any new development, redevelopment or other activity falling below the minimum standards as set forth in § 291-3.
B.
The agricultural use of land, including the implementation of conservation
measures included in a farm conservation plan approved by the Soil
and Water Conservation District, and including the construction of
agricultural structures.
C.
The maintenance of any existing stormwater drainage/detention component
or structure or any existing soil erosion/sediment control component
or structure, including dredging, levee restoration, tree removal
or other function which maintains the original design capacities of
the above.
D.
The construction of, improvements to, or the maintenance of any street,
road, highway or interstate highway performed by any unit of government
whose powers grant such authority.
A drainage permit is required for the following uses but shall not be subject to the provisions of Article III of this chapter:
A.
Any land-disturbing activity that is one acre (43,560 square feet)
or less; or
B.
Development of tracts of land where not more than one single-family
dwelling is being erected; or
C.
Any lots in a new subdivision of land where the lots front and have
their sole access on an existing street or roadway.
The Village Board may, in accordance with the following procedures,
authorize exceptions to any of the requirements and regulations set
forth in this chapter:
A.
Application for exception shall be made by a verified petition of
the applicant for a drainage permit, stating fully the grounds of
the petition and the facts relied upon by the applicant. Such petition
shall be filed with the drainage permit application. In order for
the petition to be granted, it shall be necessary that the Village
Board find all of the following facts with the respect to the land
referred to in the application:
(1)
That the land is of such shape or size or is affected by such physical
conditions or is subject to such title limitations of record that
it is impossible or impractical for the applicant to comply with all
of the requirements of this chapter;
(2)
That the exception is necessary for the preservation and enjoyment
of a substantial property right of the applicant; and
(3)
That the granting of the exception will not be detrimental to the
public welfare, environment or injurious to other property in the
vicinity of the subject's property.
B.
Each application for an exception shall be made to the Mayor or his
designee. The Mayor or his designee will review and transmit recommendations
to the Village Board, which shall review such recommendations prior
to granting or denying the exception.
C.
The Village Board shall hold a public hearing on each application
for exception, within 30 days after receiving the application, in
the manner provided by ordinance. Within 30 days after the public
hearing, the Village Board shall either approve the site drainage
permit application with the exceptions and conditions it deems necessary
or it shall disapprove such drainage permit application and exception
application, or it shall take other such action as appropriate.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The applicant shall not be relieved of responsibility for damage
to persons or property otherwise imposed by law, and the Village or
its officers or agents will not be made liable for such damage, by:
A.
The issuance
of a drainage permit under this chapter;
B.
Compliance
with the provisions of that drainage permit or conditions attached
to it by the Mayor or his designee;
C.
Failure
of Village officials to observe or recognize hazardous or unsightly
conditions;
D.
Failure
of Village officials to recommend denial or to deny a drainage permit;
or
E.
Exemptions
from drainage permit requirements of this chapter.
New development and redevelopment, that is applicable to this chapter (per § 291-3), must comply with the NPDES regulations ( General NPDES Permit No. ILR 40 and the NOI). NPDES compliance is obtained by adhering to this chapter, ILR10 permits, and the NOI submitted for each individual community and all future steps taken by the individual communities to implement the NOI.
A.
Public education and outreach on stormwater impacts. In accordance
with General NPDES Permit No. ILR40 and the NOI, the Village of Westville
will comply with and implement activities as outlined in the Public
Education and Outreach on Stormwater Impacts.
B.
Public involvement/participation. In accordance with General NPDES
Permit No. ILR40 and the NOI, the Village of Westville will comply
with and implement activities as outlined in the Public Involvement/Participation.
C.
Illicit discharge detection and elimination. In accordance with General
NPDES Permit No. ILR40 and the NOI, the Village of Westville will
comply with and implement activities as outlined in the Illicit Discharge
Detection and Elimination.
D.
Construction site stormwater runoff control. In accordance with General
NPDES Permit No. ILR40 and the NOI, the Village of Westville will
comply with and implement activities as outlined in the Construction
Site Stormwater Runoff Control.
E.
Post-construction stormwater management in new development and redevelopment.
In accordance with General NPDES Permit No. ILR40 and the NOI, the
Village of Westville will comply with and implement activities as
outlined in the Post-Construction Stormwater Management in New Development
and Redevelopment.
F.
Pollution prevention/good housekeeping. In accordance with General
NPDES Permit No. ILR40 and the NOI, the Village of Westville will
comply with and implement activities as outlined in the Pollution
Prevention/Good Housekeeping.
Documents relating to the adherence to this chapter are available
for review by request at Village Hall.
