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Ordinance 2009-78 Ordinance No. 2009 - -l% AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, PROVIDING FOR THE REGULATION OF POST- CONSTRUCTION IMPLEMENTATION OF STORMWATER BEST MANAGEMENT PRACTICES WHEREAS, the United City of Yorkville (the "City ") is a duly organized and validly existing non - home -rule municipality created in accordance with Article VII, Section 7 of the Constitution of the State of Illinois of 1970; and, WHEREAS, pursuant to 35 Ill. Administrative Code, Subtitle C, Chapter 1, the United City of Yorkville storm sewer system has been identified by the Illinois Environmental Protection Agency (IEPA) as a Small Municipal Separate Storm Sewer System (MS4); and, WHEREAS, the IEPA has issued a National Pollutant Discharge Elimination System ( NPDES) General Storm Water Permit for the United City of Yorkville's Small MS4; and, i WHEREAS, said NPDES permit requires the United City of Yorkville to adopt an ordinance or other regulatory mechanism related to post - construction runoff minimum control measures; and, WHEREAS, proper implementation of stormwater Best Management Practices are essential to minimizing the pollutant content of storm water discharges to receiving streams, NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the United City of Yorkville Standards for Regulating Post - Construction Maintenance of Stormwater Best Management Practices, dated October 12, 2009, a copy of which is attached as Exhibit "A ", is hereby approved and adopted. Section 2. This ordinance shall be in full force and effect upon its passage, approval and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 2009. i ATTEST• I LE 1 ROBYN SUTCLIFF DIANE TEELING GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH t MARTY MUNNS ROSE ANN SPEARS GEORGE GILSON, JR. i Approved by me, as Mayor of the United City of Yorkville, Kendall County, llO Illinois, this Day of J Apt ua�.y/ , A.D. 20A. JB" MAYOR i 2 Exhibit "A" UNITED CITY OF YORKVILLE STANDARDS FOR REGULATING POST - CONSTRUCTION IMPLEMENTATION OF STORMWATER BEST MANAGEMENT PRACTICE(S) This document establishes stormwater Best Management Practice(s) which shall be used to meet the requirements of the National Pollutant Discharge Elimination System and the Illinois Environmental Protection Agency Small Municipal Separate Storm Sewer Systems (MS4's). Section 1. Definitions For the purposes of these standards, the following definitions are adopted: 1. Best Management Practice (BMP) - Any technique, process, activity, structure, prohibition of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. Best Management Practice(s) also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage of raw materials storage. 2. City — The United City of Yorkville, Kendall County, Illinois. 3. Development - Any man -made change to real estate including, but not limited to: a. More than fifty percent (50 %) increase in impervious area of an existing building and /or the affected parcel. b. Installation of utilities, construction of roads, bridges, culverts or similar proj ects. c. Construction or erection of levees, dams, walls or fences. d. Drilling, mining, filling, dredging, grading, excavating, paving, or other alterations of the ground surface. e. Storage of materials including the placement of gas and liquid storage tanks, and channel modifications or any other activity that might change the direction, height, or velocity of flood or surface waters. 3 f. Development does not include routine maintenance or existing buildings and facilities, resurfacing roads, or gardening, plowing, and similar practices that do not involve filling, grading, or construction of levees. 4. Maintenance Agreement — An agreement between the City and the Responsible Party, recorded against the real estate to which it pertains, that acts as a property deed restriction and which provides for long -term operation and maintenance of stormwater Best Management Practice(s). 5. Responsible Party — The developer, organization, property owner or entity owning the property upon which the stormwater Best Management Practice(s) is required to be performed. 6. Violation- The failure of a developer, organization, property owner, or other entity to be fully compliant with the City's Post - Construction Stormwater Best Management Practice ordinance. Section 2. Best Management Practices Examples of structural stormwater Best Management Practice(s) include but are not limited to: Application Benefit Buffer Strips Provides additional distance between homes and natural areas; attenuates runoff rates and promotes infiltration. Created Wetlands Can move existing wetlands and re- create at a new location. Infiltration Trenches Attenuates runoff rates and promotes infiltration. Naturalized Basins Attenuates runoff rates and promotes infiltration. Sand Filters Allows additional water infiltration. Stream Bank Reinforcement Reduces long -term erosion of stream banks. Turf Reinforcement Mat Prevents rainfall from washing away plant seeds. Vegetated Filter Strips Attenuates runoff rates and promotes infiltration. Examples of non - structural stormwater Best Management Practice(s) include but are not limited to: Method Education and enforcement campaigns Educational and participation programs Pollution prevention practices and procedures (street sweeping, fertilizer control, etc.) Regulatory controls Stormwater drain stenciling Strategic planning Town planning controls Training programs 4 Section 3. Implementation All redevelopment of previously developed properties and all development of previously undeveloped properties shall incorporate stormwater Best Management Practice(s) into the design, construction, operation, and maintenance requirements of those properties. The final design of stormwater Best Management Practice(s) is subject to approval as provided in Section 7 of these Standards. Said Best Management Practice(s) shall vary based on specific characteristics of the property, and may include but are not limited to grassy swales, disconnected impervious areas, minimization of impervious areas, green roofs, naturalized stormwater basins, etc. All stormwater Best Management Practice(s). shall be operated, maintained, or performed by the Responsible Party as necessary to ensure that the intended function and /or benefit of the stormwater Best Management Practice(s) is realized. Proposed developments /re- developments shall submit a plan detailing specific stormwater Best Management Practice(s), and shall include: • A written or graphic inventory of the natural resources at the site and surrounding area as it exists prior to commencement of the project and a description of the watershed and its relation to the project site. This description shall include a discussion of soil conditions, forest cover, topography, wetlands, and other native or man -made vegetative areas on the site. Particular attention should be paid to environmentally sensitive features that provide particular opportunities or constraints for development. • A specific analysis to show that the proposed stormwater Best Management Practice(s) are capable of improving or.maintaining the quality or stormwater runoff from the site. • A written description of the required operation and maintenance requirements for compliance with proposed Best Management Practice(s). Section 4. Inspections 1. All Responsible Parties shall adequately construct, operate, maintain and /or perform the stormwater Best Management Practice(s) that have been incorporated into the design of their property. Said stormwater Best Management Practice(s) shall be subject to inspection by the City at least once a year. Responsible Parties shall keep records of all maintenance and repairs, and shall retain the records for a minimum of 5 years. These records shall be made available to the City during inspection of the stormwater Best Management Practice(s) and at other times upon request. 5 Section 5. Maintenance Agreements 1. All stormwater Best Management Practice(s) shall be subject to an enforceable Maintenance Agreement to ensure that the system functions as designed. This agreement will include any and all maintenance easements required to access and inspect the stormwater Best Management Practice(s), and to perform routine maintenance as necessary to ensure proper functioning of the stormwater Best Management Practice(s). In addition, a legally binding covenant specifying the parties responsible for the proper operation and maintenance of all Best Management Practice(s) shall be secured prior to issuance of any building permits or recording of plats of subdivision for the property in question. Section 6. Previously Developed Properties 1. Most stormwater facilities inherently result in some improvement to stormwater quality and meet the requirements of a stormwater Best Management Practice(s). Such facilities shall be operated and maintained by the Responsible Party as approved in their original design. No changes shall be made to tributary conveyances, basins, or outfalls without specific approval from the City. Section 7. Administration 1. The City Administrator or his/her designee shall be responsible for the general administration of these standards and ensure that all development and /or maintenance activities within the United City of Yorkville meet the requirements of these standards. Specifically, the City Administrator or his/her designee shall: a. Perform periodic site inspections of all properties that have stormwater facilities to ensure compliance with this ordinance. b. Meet with the Responsible Parties regarding construction, operation, maintenance and /or performance of stormwater Best Management Practice(s) as necessary to ensure that they understand their responsibilities regarding stormwater Best Management Practice(s). c. At his/her discretion, issue a stop -work order requiring the suspension of the subject development or activity if there is a violation of these standards. The stop -work order shall be in writing, indicate the reason for the issuance, and shall order the action, if necessary, to resolve the circumstances requiring the stop -work order. d. Arrange for city personnel or contractors to mitigate /repair any damage to stormwater Best Management Practice(s) if the Responsible Party does not perform the work within 60 days (or other timeframe specified by the City) of written direction from the City to do so. The cost of mitigation/repair and any related administrative or legal activities shall be borne by the Responsible Party. 6 e. If the Responsible Party does not perform the work or reimburse the City within the specified timeframe, the City Administrator or his/her designee shall prosecute the Responsible Party through the administrative adjudication process or other available means. Section 8. Variances 1. If a Responsible Party feels that these standards place undue hardship on a specific development proposal or property, the Responsible Party may apply to the City Administrator for a variance. The City Administrator or his /her designee shall review the applicant's request for a variance and shall submit his/her recommendation to the City Council. The City Council may attach such conditions to granting of a variance as it deems necessary to further the intent of these standards. 2. No variance shall be granted unless the applicant demonstrates that all of the following conditions are met. a. An exceptional hardship would result if the variance were not granted. Economic hardship is not a valid reason to grant a variance. b. The relief requested is the minimum necessary. c. The applicant's circumstances are unique and do not establish a pattern inconsistent with the intent of the city's NPDES General Storm Water Permit. Section 9. Best Management Practice(s) Lien Claim 1. Lien Claim: All costs for work performed under Section 7.l .d of these Standards are the responsibility of the Responsible Party. Whenever a bill for such costs remains unpaid for thirty (30) days after it has been rendered, the clerk may file with the recorder of deeds of Kendall County a lien claim. This lien claim shall contain the legal description of the property, the costs incurred and the date(s) when the work was performed. 2. Notice Of Lien Claim: Notice of such lien claim shall be mailed to the responsible party at the last known address of such Responsible Party; provided, however, that failure of the clerk to record such lien claim or to mail such notice, or the failure of the Responsible Party to receive such notice, shall not affect the rights of the city to collect for such charges as provided in this section. 7 I Section 10. Backup Special Service Areas 1. For properties that have back -up special service areas established or allowed by agreement to fund maintenance of common areas, the city may activate said SSA to collect un- reimbursed costs or to fund ongoing or future costs related to operation, maintenance, or performance of stormwater Best Management Practice(s). Prior to the activation of a back up special service area, notice shall be published in a newspaper with circulation in the effected area. Section 11. Conflicts 1. These standards do not repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Where this ordinance and other easements, covenants or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail. Section 12 . Separability 1. The provisions and sections of these standards shall be deemed separable and the invalidity of any portion of these standards shall not affect the validity of the remainder. 8