VILLAGE OF ADDISON CODE
Chapter 26 – Stormwater and Floodplain Management
Article 4. Administration and Enforcement.
Sec. 26-401. Responsibility. [back to top]
The administration and enforcement of this Chapter shall be the responsibility of the Village Engineer.
Sec. 26-402. Appeals. [back to top]
An appeal may be taken to the Board by any person aggrieved by an administrative order, requirement, decision, or determination under this Chapter by the Village Engineer.
Sec. 26-403. Exemption; Payment Option for Areas Not Located in SFHA'S. [back to top]
This Section may provide the developer with an alternative to physically providing for detention storage of excess storm water runoff for the development or improvement. The owner or other person proposing development in certain situations shall have the option of paying to the Village cash funds in lieu of complying with the provisions that require physical detention storage to storm water. The cash funds shall be in an amount that is substantially equal to the estimated cost to the Village for providing an alternate means of storm water detention storage that is substantially equivalent to the increased amount of storm water runoff that will result from the proposed development, as determined by the Village Engineer. Calculations of such increased amount of storm water runoff shall be made on the basis of (and expressed in terms of) an acre-foot of volume, or a fraction thereof. All funds paid to the Village under this Section shall be segregated, held, and disbursed only to pay the costs of such additional storm water detention storage facilities as the Village deems appropriate.
This section further provides the developer with an alternative to physically providing for water quality BMP for the development or improvement as those presented in Appendix E of the County Ordinance, Part I-Technical Guidance, Water Quality Best Management Practices. All funds paid to the Village under this paragraph shall be separately segregated, held, and disbursed only to pay the costs of the design, construction and maintenance of BMP as the Village deems appropriate.”
(A) The "Exemption: Payment Option" will not apply if the area of the proposed development is within a Special Flood Hazard Area.
(B) The "Exemption: Payment Option" will only be permitted if the developer and his engineer can substantiate hardship in complying with the detention storage provisions of Article 2. The Mayor and Board of Trustees shall only recognize a hardship if, upon evidence presented to them, they conclude the following:
(1) The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the provisions of Article 2 otherwise applicable.
(2) Failure to grant the "Exemption: Payment Option" would constitute a hardship to the owner which has not resulted from actions of the owner.
(3) The requested "Exemption: Payment Option" has a beneficial purpose and is otherwise lawful.
(4) The requested "Exemption: Payment Option" will have no materially adverse effect upon efficiency of water flow capacity or water detention storage capacity of any floodway or floodplain, as determined by the Village Engineer.
(5) The requested "Exemption: Payment Option" will not materially increase the probability of potential flood damage either to the subject property or to other properties, as determined by the Village Engineer.
(6) The requested "Exemption: Payment Option" will not alter the essential character of the vicinity.
(C) The payment rate due from an owner-developer for the "Exemption: Payment Option" shall be calculated at the rate of $115,000 per acre-foot of exemption detention storage. The exemption detention storage volume shall be equal to 100 percent of the detention storage volume required per Article 2. This $115,000.00 per acre-foot of exemption detention storage volume has been calculated by the Village Engineer to be sufficient to compensate the Village for total expenses in providing detention storage in another location as of March 1, 1999. The rate for a fractional acre-foot of exemption detention storage shall be prorated as appropriate.
From time to time, as frequently as the Village Board may deem it necessary or desirable, the Village Board shall determine and establish the cost to the Village of providing one acre-foot of storm water exemption detention storage, such cost to include, without limitation, the cost of necessary land acquisition, engineering expenses, legal fees, and other related expenditures. The amount so determined and established shall serve as the basis for the calculation of the cash funds to be paid as provided in this Section until such time as a different amount is determined and established by the Village Board.
(D) The owner-developer shall be exempt from the storm water detention storage requirement according to Article 2 providing that:
(1) The owner-developer has procured the written approval of the Village Engineer for lots less than or equal to one acre in size or the Village Engineer and the Mayor and Board of Trustees for lots greater than one acre in size, acknowledging that all of the requirements of this Section have been complied with.
(2) The owner-developer has made cash payment to the Village for the amount of detention storage volume exempted and the payment made at the established dollar rate per acre-foot of volume.
(3) For lots greater than one acre in size, such exemption shall be made by a certificate signed by the Mayor with the approval of the Board of Trustees.
(E) The payment rate due from an owner-developer for the “Exemption: Payment Option for water quality BMP” shall be calculated as follows:
Single or two family residential land uses $ 3,000 per acre
Multiple family or non-residential land uses $15,000 per acre
Roadway Developments $30,000 per acre
institutions defined under Sec. 15-10 of
(Ord. 99-65; 08-60)
Sec. 26-404. Variances. [back to top]
The Board may grant variances from the regulatory standards of this Chapter in accordance with the following requirements: The issuance of a variance is for floodplain management purposes only. The Board, after examining the applicant's hardships, shall approve or disapprove a request. While the granting of variances generally is limited to a lot size less than one-half acre, deviations from that limitation may occur. However, as the lot size increases beyond one-half acre, the technical justification required for issuing a variance increases. The Federal Emergency Management Agency (FEMA) may review a community's findings justifying the granting of variances, and if that review indicates a pattern inconsistent with the objectives of sound floodplain management, FEMA may take appropriate action. Variances may be issued by the Board for reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or a State Inventory of Historic Places, without regard to the procedures set forth in this Section. Procedures for the granting of variances are as follows:
(A) Variances shall not be issued if any increase in flood levels during the base flood discharge would result.
(B) Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level in conformance with the procedures of this Section.
(C) Variances shall only be issued upon (1) a showing of good and sufficient cause, (2) a determination that failure to grant the variance would result in exceptional hardship to the applicant, (3) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances, (4) Development activity cannot be located outside of the special flood hazard area, and (5) the provisions of Sections 26-303(B) and 5.305(B) can still be met.
(D) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(E) The Village Engineer shall notify the applicant in writing that (a) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverages, and (b) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions as required in this Section.
(F) The Board shall (a) maintain a record of all variance actions, including justification for their issuance, and (b) report such variances issued in its annual or biennial report submitted to FEMA.
Article 5. Savings Clauses.
Sec. 26-501. Separability. [back to top]
If any section, clause, provision, or portion of this Chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Chapter shall not be affected thereby.
Sec. 26-502. Abrogation and Greater Restrictions. [back to top]
It is not intended by this Chapter to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Chapter imposes greater restrictions, the provision of this Chapter shall prevail. This Chapter is intended to repeal the original ordinance or resolution which was adopted to meet the National Flood Insurance Program regulations, but is not intended to repeal the resolution which the Village passed in order to establish initial eligibility for the program.
Sec. 26-503. Disclaimer of Liability. [back to top]
The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes and is based on historical records, engineering, and scientific methods of study. Larger floods may occur or flood heights may be increased by manmade or natural causes. This Chapter does not imply that areas outside the prescribed floodplain boundaries or land uses permitted with such floodplains will be free from flooding or flood damages. This Chapter shall not create liability on the part of the Village of Addison or any officer or employee thereof for any flood damages which may result from reliance on this Chapter or on any administrative decision lawfully made thereunder.
Sec. 26-504. Judicial Appeals. [back to top]
Any party shall have the right to appeal decisions of the Village of Addison before the Circuit Court of DuPage County.
Article 6. Penalties for Violation.
Sec. 26-601. General. [back to top]
Violation of the provisions of this Chapter or failure to comply with any of its requirements, including conditions and safeguards established in connection with variances or special use permits shall constitute a misdemeanor. Any person who violates this Chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $500.00, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.
Sec. 26-602. Corrective Actions. [back to top]
Nothing herein contained shall prevent the Village of Addison from taking such other lawful action as is necessary to prevent or remedy any violation. All such costs connected therewith shall accrue to the person or persons responsible. The Village Engineer shall inform the owner that any such violation is considered a willful act to increase flood damages and, therefore, may cause coverage by a standard flood insurance policy to be suspended.
Article 7. Countywide Stormwater and Floodplain Ordinance
[Adopted by Ordinance No. O-04-110.]
Sec. 26-701. Countywide Stormwater and Floodplain Ordinance Adopted. [back to top]
(A) The Village of Addison hereby adopts Articles 2 through 16, applicable portions of Article 17 and Article 18, inclusive, of the Countywide Stormwater and Floodplain Ordinance OSM-001-12, effective April 25, 2012 as now existing or hereafter amended (County Ordinance). These provisions are not adopted by reference but, rather, are adopted as a specific and integral part of the Villages Stormwater and Floodplain Management as codified in this Chapter. Article 2 through 16, applicable portions of Article 17, and Article 18, inclusive, of the County Ordinance shall be codified as Appendix “A” to this Chapter 26.
(B) The Village of Addison further adopts the General Certifications to the County Ordinance OSM-002-12, as now existing or hereafter amended, as an integral part of this Chapter 26.
(C) The provision adopted by this Section shall be in full force and effect and shall supersede any other ordinances of the Village with which they are inconsistent or which are less stringent than the terms of this Chapter.
(Ord. 06-93; 08-59; 12-30)
Sec. 26-702. Floodway and Floodplain Map Designations Adopted. [back to top]
The DuPage County, Illinois, floodway and floodplain designations, attached to this Article as Appendix B and made a part hereof, which include the Flood Insurance Rate Map (FIRM) panels, which are final and effective as of December 16, 2004, are hereby adopted.
Article 2 and Articles 7 through 17, inclusive, and the BMP Fee in Lieu portion of Schedule B of the DuPage Countywide Stormwater and Floodplain Ordinance, as amended from time to time, were adopted by Ordinance No. O-98-16 of the Village, passed on 2/17/98 and were appended to this Chapter 26 as Appendix A. The DuPage Countywide Stormwater and Floodplain Ordinance is not included in this volume but is on file in the Office of the Village Clerk.
DuPage County, Illinois, floodway and floodplain designations, including the Flood Insurance Rate Map (FIRM) panels, which are final and effective as of December 16, 2004, are available for inspection in the office of the Village Engineer.
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