CASE:769-AT-13
NOTICE OF PUBLIC HEARING IN REGARD TO AN AMENDMENT TO THE TEXT OF THE
CHAMPAIGN COUNTY ZONING ORDINANCE
CASE: 769-AT-13
The Champaign County Zoning Administrator, 1776 East Washington Street, Urbana, has filed a petition to amend the requirements of the Champaign County Zoning Ordinance. The petition is on file in the office of the Champaign County Department of Planning and Zoning, 1776 East Washington Street, Urbana, IL.
A public hearing will be held Thursday, February 13, 2014, at 6:30 p.m. prevailing time in the Lyle Shields Meeting Room, Brookens Administrative Center, 1776 East Washington Street, Urbana, IL, at which time and place the Champaign County Zoning Board of Appeals will consider a petition to: Amend the Champaign County Zoning Ordinance by amending the Champaign
County Stormwater Management Policy by changing the name to Storm Water Management and Erosion Control Ordinance and amending the reference in Zoning Ordinance Section 4.3.10; and amending the Storm Water Management and Erosion Control Ordinance as follows:
Part A. Revise Section 1 Authority by adding a reference to 55 ILCS 5/5-15015 that authorizes the County Board to have authority to prevent pollution of any stream or body of water.
Part B. Revise Section 2 as follows:
1.Merge existing Intent and Requirements (Sections 3.1) and General Requirements (Section 3.2) with existing Purpose (Section 2).
2. Add purpose statements related to preventing soil erosion and preventing water pollution and fulfilling the applicable requirements of the National Pollution Discharge Elimination System (NPDES) Phase II Storm Water Permit.
Part C. Add new Section 3 titled Definitions and add definitions related to fulfilling the applicable requirements of the National Pollution Discharge Elimination System (NPDES) Phase II Storm Water Permit.
Part D. Change the title of existing Section 4 to Scope and make the following changes:
1. Add a requirement that Land Disturbance activities have requirements identified in the Ordinance.
2. Add a requirement that all sections of the Ordinance are applicable to land distur bance activities in the Champaign County MS4 Jurisdictional Area.
3. Add a requirement that land disturbance of one acre or more in a common plan of development must comply with the Illinois Environmental Protection Agency's ILR 10 Permit requirements.[AL1]
4. Add a requirement that all Sections except those related to the Land Disturbance Erosion Control Permit (Sections 12, 13, 14, and 15) are only applicable when a land subdivision requires approval of the Champaign County Board and when construction occurs that requires a Zoning Use Permit.
5. Add a requirement that Protect Existing Drainage and Water Resource (Section 6) and Easement (Section 7) are applicable to all subdivisions, zoning use permits and land disturbances regardless of the amount of area involved or percent impervious surface.
6. Add a requirement that Land Disturbance and Erosion Control Requirements (Section 11) are applicable with any Storm Water Drainage Plan or necessary enforcement action.[AL2]
7. Add a requirement for erosion and sedimentation controls when there is more than 10,000 square feet of land disturbance in total, after the Effective Date.
8. Add exemptions to Land Disturbance Erosion Control Permits.
Part E. Add a new Section 5 titled Authorizations and Project Termination and make the following changes:
1. Relocate existing Reviewing Authorities (existing Section 4.1) and remove Special Use Approvals
2. Relocate existing Authorization to Construct (existing Section 3.3) and add authorizations for Land Disturbance Erosion Control Permits.
3. Relocate existing Requirements for Final Approvals (existing Section 3.4) and rename to Project Termination, and add requirements for Land Disturbance Erosion Control Permits.
Part F. Renumber existing Section 7 to new Section 6 titled Protect Existing Drainage and Water Resource and make the following changes:
1.Add new requirement to prohibit erosion or sedimentation onto adjacent properties.
2. Add new requirements for discharges from sump pumps.
3. Add new minimum erosion control and water quality requirements including a minimum requirement for proper disposal of construction waste; minimum requirement for location and control of soil stockpiles; and a requirement to cleanup sediment that enters onto public areas and adjacent properties.
Part G. Renumber existing Section 9 to new Section 7.
Part H. Change existing Section 5 to new Section 8 titled Storm Water Drainage System and add a Preferred Hierarchy of Best Management Practices.
Part I. Change existing Section 6 to new Section 9 titled Storm Water
Drainage Plan and merge with existing Section 12.
Part J. Renumber existing Section 8 to new Section 10.
Part K. Add new Section 11 titled Land Disturbance and Erosion Control and include the following:
1. Add general requirements for erosion and sediment control operations.
2. Add list of practices that should be applied to minimize soil erosion.
3. Add list of practices that should be applied to minimize sediment.
4. Add requirements for filtering dewatering practices at
construction sites.
5. Add requirements for soil stockpiles.
6. Add requirements for maintenance of erosion and sediment control measures.
Part L. Add new Section 12 titled Land Disturbance and Erosion Control Permits and include the following:
1.Add a requirement for Land Disturbance Erosion Control Permits.
2. Add a requirement that the class of permit Land Disturbance Erosion Control Permit - Minor is required for any land disturbance of less than one acre that is part of a common plan of development or sale of record that is not otherwise exempt.
3.Add a requirement that the class of permit Land Disturbance Erosion Control Permit - Major is required for any land disturbance of one acre or more that is not otherwise exempt.
4.Add required forms and procedure requirements for each permit class.
5. Add that the class of permit Land Disturbance Erosion Control Permit - Major shall comply with current ILR10 requirements.
6. Add a fee schedule with fees for each class of permit.
7. Add a requirement that an issued permit authorizes only those activities shown on approved plans.
8. Add time limitations for Land Disturbance Erosion Control Permits.
9. Add responsibilities of the holder of the Land Disturbance Erosion Control Permit.
10. Add requirements for maintenance of erosion control facilities and other drainage structures during and after construction.
Part M. Add new Section 13 titled Administration of Land Disturbance and Erosion Control Permits and include the following:
1. Add duties of the Zoning Administrator as established in the Champaign County Zoning Ordinance.
2. Add conditions of Land Disturbance and Erosion Control Permit approval to prevent the creation of a nuisance or unreasonable hazard to persons or to public or private property including specific erosion and sediment controls, safety structures, grading improvements, adequate dust controls, and acceptance of discharges on others property.
3. Add conditions to which a Land Disturbance Erosion Control Permit might be denied if the Erosion and Sediment Control Plan does not meet the requirements of the ordinance and restrictions if the permit is denied.
4. Add conditions to Land Disturbance Erosion Control Permit and plans to ensure that no work occurs without prior written approval, that any changes to plans must be submitted prior to work being conducted, and
methods for changing an approved document.
5. Add requirement of site inspections during specific phases of the work to ensure compliance with the conditions of the Ordinance.
Part N. Add new Section 14 titled Liability Related to Land Disturbance and Erosion Control Permits and include a requirement that all responsibilities and liabilities are held by the permit holder and no liability is held by Champaign County.
Part O. Add new Section 15 titled Enforcement of Land Disturbance and Erosion Control Permits and include the following:
1. Add a requirement that work shall be done in accordance with the approved plans, the approved permit, and the Ordinance.
2. Add a classification of deficient sites and the related
enforcement activities.
3. Add a classification of Non-Compliance on a sites and the related enforcement activities.
4. Add a classification of Notice of Violation on a sites and the related enforcement activities.
5. Add that the Zoning Administrator may require activities that shall be undertaken in order to prevent imminent hazards, dangers and adverse effects.
6. Add conditions and procedures that allow the Zoning
Administrator to issue a stop-work order and that all work must stop immediately.
7. Add conditions and procedures for initiating legal proceedings.
8. Add penalties for violation of the ordinance at not less than one hundred dollars ($100.00) per day and not more than five hundred dollars ($500.00) per day.
Part P. Renumber existing Section 10 to new Section 16.
Part Q. Change existing Section 11 Waivers to new Section 17 titled Appeal, Waiver or Variance and include the following:
1. Add designation that the reviewing authority may issue a waiver or variance to the ordinance except for ILR10 requirements.
2. Add procedure for appealing a decision made by a reviewing authority.
Part R. Add new Effective Date (Section 18).
Part S. Re-letter existing Appendix B to be new Appendix A and re-letter existing Appendix A to be new Appendix B.
Part T. Add new Appendix C titled Champaign County MS4 Jurisdictional Area to include a map of the Champaign County MS4 Jurisdictional Area.
Part U. Add new Appendix D titled Technical Manual Minor Land Disturbance Erosion Control Permit Standards and Standard Details and include application templates, erosion control plan examples, and standard construction drawings.
Part V. Add new Appendix E titled Technical Manual Major Land Disturbance Erosion Control Permit Standards and Standard Details and include application templates, erosion control plan examples, and standard construction drawings.
Part W. Revise and reformat the text, and update all references to new and renumbered Sections.
All persons interested are invited to attend said hearing and be heard. The hearing may be continued and reconvened at a later time.
Eric Thorsland, Chair
Champaign County Zoning Board of Appeals
1214876 1/29