§ 30-168. Exempt municipalities.

(a)

Petition. Municipalities located partially or entirely within the boundaries of the county that have adopted their own stormwater management regulations may petition the stormwater management planning commission for exemption from this stormwater management article. Such petitions shall include an evaluation the municipal stormwater management regulations against the following minimum criteria:

(1)

The municipal ordinance requires a stormwater management plan for new development, including individual commercial, industrial and recreational uses, and for subdivisions of all kinds;

(2)

The municipal ordinance requires review and approval of stormwater management plans for new development by the appointed or consultant village/city/town engineer;

(3)

The municipal ordinance allows post-development peak 100-year discharge not greater than 0.2 cfs per acre;

(4)

The municipal ordinance requires detention storage volume determination using the SCS method and the Illinois State Water Survey Bulletin 70, for 100 year-24 hour events, provided, however, the rational method may be used for smaller basins.

(5)

The municipal ordinance requires the provision of compensatory storage for development in the floodplain of at least a 1:1.1 ratio.

(b)

Finding. Within 60 days following receipt of a petition for exempt status from a municipality, the stormwater management planning commission shall evaluate said petition and determine if the municipal stormwater management ordinance is consistent with and at least as stringent as the countywide ordinance based on the above criteria. A positive finding by the committee shall designate the petitioner as an exempt municipality.

(c)

Effect. Exempt municipalities shall enforce the locally-adopted municipal stormwater management regulations within the corporate limits of the municipality, and for all development within one and one-half miles of the municipal boundaries, and the rules and regulations of this countywide stormwater management article shall not apply within said corporate limits or for developments within one and one-half miles of any exempt municipality, provided, however, the county and a municipality may share or exchange authority to regulate stormwater management for any proposed development(s) via an intergovernmental agreement adopted in accordance with the provisions of the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq. and Article 7, Section 10 of the Illinois State Constitution (1970).

(Ord. 2006-28, § 3, 11-15-06; Ord. No. 2010-18, § 3, 9-15-10)