Project Purpose
The most recent substantive revision to the SMO occurred in November 2009 and only impacted one subsection of the Ordinance. Since the time the Ordinance was originally drafted, many changes have occurred within the industry and adjacent collar Counties have rewritten their Ordinances to incorporate changes that include volume based standards, infiltration and water quality best management practices (DuPage County 2015, McHenry County 2014, Lake County 2015). Additionally, the State of Illinois has developed a new model stormwater ordinance for Counties to utilize that reflects many of the new industry standards. In 2016, the IEPA introduced new requirements for the NPDES program that place additional requirements on Kane County and municipalities therein. In order to meet these new requirements, the SMO must be updated to require (not recommend) the implementation of Best Management Practices (BMPs) for development projects. IEPA requires BMPs, structural and/or non-structural, for all new developments and redevelopment projects that disturb more than 1 acre. The required BMPs will need to reduce the discharge of pollutants and the volume of stormwater discharged to receiving streams throughout the County.
The Kane County Stormwater Management Ordinance and the Kane County Technical Manual were both adopted by the County Board and intended to be enforceable documents. Due to conflicts between the Ordinance approving the Technical Manual and correspondence from the Department, Certified Communities have made interpretations over the years regarding the enforceability of the Technical Manual While the Technical Manual provides examples and guidance, it is often challenging as within the examples are enforceable standards such as detention requirements for agricultural (farmed zoned) properties. The Technical Manual is 142 pages in length. The update to the SMO will move all enforceable items into the Ordinance language and remove conflicting language between the Ordinance and Technical Manual. The Technical Manual will remain as a guidance document but will no longer be an enforceable piece of the Ordinance.
The Kane County Stormwater Management Ordinance has not been reviewed in its entirety since it became effective in 2002. Beyond missing definitions and language that is unclear or conflicting, larger issues within the Ordinance have caused difficulty in administering the Ordinance properly. Stormwater Administrators for communities then must make interpretations and enforcement becomes inconsistent between communities.
The Kane County Stormwater Management Ordinance and the Kane County Technical Manual were both adopted by the County Board and intended to be enforceable documents. Due to conflicts between the Ordinance approving the Technical Manual and correspondence from the Department, Certified Communities have made interpretations over the years regarding the enforceability of the Technical Manual While the Technical Manual provides examples and guidance, it is often challenging as within the examples are enforceable standards such as detention requirements for agricultural (farmed zoned) properties. The Technical Manual is 142 pages in length. The update to the SMO will move all enforceable items into the Ordinance language and remove conflicting language between the Ordinance and Technical Manual. The Technical Manual will remain as a guidance document but will no longer be an enforceable piece of the Ordinance.
The Kane County Stormwater Management Ordinance has not been reviewed in its entirety since it became effective in 2002. Beyond missing definitions and language that is unclear or conflicting, larger issues within the Ordinance have caused difficulty in administering the Ordinance properly. Stormwater Administrators for communities then must make interpretations and enforcement becomes inconsistent between communities.