HomeMy WebLinkAboutOrd 2748 09/20/1977
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9/20/77
ORDINANCE NO. 2748
A FLOOD PLAIN ORDINANCE ADOPTING REGULATIONS FOR
THE CONSTRUCTION. SUBSTANTIAL IMPROVEMENT. SUB-~
DnlISION OF LAi\Jv. PLACEMENT OF MOBILE HOMES OR
OTHER DEVEI.OP1\TENT IN THE VILLAGE OF II/fOUNT PROSPECT
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BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILL.AGE
OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, AS FOLLOWS:
SECTION ONE: Purpose
That the purpose of this Ordinance is to avoid the hazards to persons and damage
to property resulting from flooding and to comply with the Rules and Regulations
of the National Flood Insura:!lce Program as promulgated by 1:he United States
Department of Housing and Urban Development, Federal Insurance Administration
I as provided in the Rules and Regulations of the Federal Register, Vel. 41,
No. 207, Tuesday. Octobe:r 26, 1976, as amended, and which are hereby adopted
by reference, and filed in the office of the Village Clerk of the Village of Mount
Prospect pursuant to Illinois Law and Illinois Revised Statutes Chapter 24.
Section 11-30-2.
SECTION TWQ: Conflicting IJaws Rel?e::J.led
I That the Flood Plain Ordi~~nce No. ~055 of. the Village of l'iIount P!.:'OsP€C~ .i: hereby
amended so that the prOVIsIOns of this Ordmance shall be deemea as add.Ihonnl
II requirements to minimum standards required by that and any other ordinances of
I the Village of Mount Prospect. In case of conflicting requirements the most
II restrictive shall apply.
SECTION THREE: Definitions
I That for the purpose of this Ordinance, the following definitions are adopted:
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II A. Development. Any man-made change to improved -or unimproved real
I estate, including but not limited to construction of or substantial
. improvements to buildings or other structures, the placement of mobHe
homes, rr::ining, dredging, filling, grading, paving. excavation or
drilling operations.
B. Flood or Flooding. A general and temporary condition of partial or
complete inundation of normally dry land areas from the overflow of
inland waters, or the unusual and rapid accumulation or runoff of
surface waters from any source.
C. Base Flood. The flood having a one percent chance of being equalled
or exceeded in any given year. The base flood is also known as the
one hundred (100) year flood.
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Base Flood Elevation. The elevation in relation to 1\1ean Sea Level of
the crest ef the base flood.
E. Structure. A walled and roofed building including a gas or liquid
storage tank that is principally above ground. as well as a mobile
home and a prefabricated building.
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Mobile Home. A structure transportable in one or more sections, which
is built on a permanent chassis and designed to be used with or with-
out a permanent foundation when connected to the required utilities.
For the purpose of this ordinance it does not include recreational vehicles
or travel trailers.
G. Substantial Improvement. Any repair, reconstruction, or improvement
of a structure, the cost of which equals or exceeds fifty percent (50%)
of the market value of the structure either before the improvement or repair
is started, or if the structure has been damaged, and is being restored,
before the damage occurred. The term does not, however, include either
(I) any project for improvement of a structure to comply with existing
state or local health, sanitary, or safety code specifications which are
solely necessary to assure safe living conditions, or (II) any alteration
of a structure or site documented as deserving preservation by the IUinois
Department of Conservation or listed on the National Register of Historic
Places.
H. Floodway. Areas necessary to convey the base flood.
SECTION FOUR:
Official Flood Plain Map
That the "Official Flood Plain Map Tl of the Village of Mount Prospect, dated and
amendments thereto is hereby adopted for the purpose of this Ordinance and
filed as a record in the office of the Village Clerk of the Village of Mount Prospect.
This map delineates the approved A-Zones susceptible to the base flood as
determined by the United States Department of Housing and Urban Development, I
Federal Insurance Administration, Map #170129.A:., the Flood Plain Areas as providedl
by the Soil Conservation Service and any known flood prone areas as indicated by !
past records of high water flood elevations. I
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SECTION FIVE: Permit Required
That no person, firm or corporation shall commence any construction, substantial
improvement, subdivision of land, placement of mobile homes or other development
in areas located in flood plain areas without first obtaining a permit from the
Director of Building and Zoning of the Village of l\fount Prospect. The
Director of Building and Zoning shall not issue such permit for any construction,
substantial improvement, or other development that does not comply with the
provisions of this Ordinance or that has been denied a permit required by the
Federal or State law including Section 404 or the' Federal Water Pollution Control
Act, 1972, 33 U.S.C. 1334.
SECTION SIX: Application
A.
Within areas designated as Flood Plain Areas each application for development
shall be accompanied by elevations, in relation to Mean Sea Level, of the
lowest habitable floor, including basement, and in the case of floodproofed
structures, the elevation to 'which it will be floodproofed.
The Director of Building and Zoning of the Village of Mount Prospect shall
require certification from a registered professional engineer or architect
that floodproofing methods are adequate to withstand the flood depths,
pressures, velocities, impact and uplift forces, and other factors associated
with the base flood.
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i Ie. The application shall also contain information or certification as may be
I required by the Director of Building and Zoning of the Village of Mount
I Prospect in order to determine eligibility for permits or to enforce the
i terms of this Ordinance.
SECTION SEVEN:
Base Flood Elevations
That the Village Board of the Village of Mount Prospect shall obtain, review, and
utilize Base Flood Elevation data available from federal, sh.\te, or other sources I
until such time as such data has been received from the Federal Insurance I
Administration. Base flood data received_ from the Federal Insurs.nce Administratfor
shall take precedence over data from other sources. i
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SECTION EIGHT: New Construction and Substantial Improvement Standards
That all new construction and substantial improvements to structures located in a
flood area as delineated on the "Official Flood Plain Map" of the Village of Mount
Prospect shall:
A. For residential structures have the lowest floor, including baser.rent elevated
to tw'o and one-half (2-1/2) feet above the Base Flood Elevation and must
comply with the requirements of the Village of Mount Prospect Building Code
and with the requirements as may from time to time be adopted by the Village
of Mount Prospect and with the Floodproofing Regulations published by the
Army Corp. of Engineers, dated June. 1972.
B. For non-residential structures have the lowest floor, including basement,
el~vated or floodproofed to two and one-half (2";'1/2) feet above the base
Flood Elevation.
C . Be designed or modified and adequately anchored to prevent flotation, collapse
or lateral movement of the structure.
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Be constructed with materials and utility equipment resistant to flood damage.
Be constructed by methods and practices that minimize flood damage to other
properties.
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il Base Elevation for the site and shall be sloped to drain away from the walls
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i I ~ECTION NThTE:: Mobile I-Iome Standards
I A. All mobile home parks and mobile home subdivisions located in a Flood Plain
I Area shall file evacuation plans indicating vehicular access and escape
i routes, including mobile home hauler routes, with the appropriate disaster
I preparedness authorities.
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Have all structural components below the Base Flood Elevation designed to be
watertight with walls substantially impermeable to the passage of water and
such structural components shall be designed to resist hydrostatic and
hydrodynamic loads and the effects of buoyancy.
The elevation of the ground for a minimum of five (5) feet immediately sur-
rounding any building or structure erected or moved within a flood plain
shall be at an elevation which is not less than one (1) foot above the Flood
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! i d. Any additions to the mobile home shall be similarly anchored.
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II SECTION TEN: Utility Standards
I! That all new construction and substantial improvements to utilities located in the
II Flood Plain Areas shall provide that:
II' A. All new and replacement water supply systems shall be designed to minimize
il or eliminate infiltration of flood waters into the systems.
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Ii SECTION ELEVEN: Subdivision and Other Development Standards
Ii A. All subdivision and other development proposals shall be designed to
I! minimize flood damage to the proposed subdivision or development site as
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! I v,rell as to other properties.
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All mobile homes to be placed on a site located in a designated Flood Plain
Area shall:
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Have the lowest floor elevated two and one-half (2-1/2) feet above
the Base Flood Elevation.
2.
In the instance of elevation on pilings, have all piling foundations placed
in stable soil no more than ten (10) feet apart, and reinforcement shall
be provided for piers more than six (6) feet above ground.
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Have lots large enough to permit steps to the mobile home, and have
adequate surface drainage on all sides of the structure.
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Be placed to prevent flotation, collapse, or lateral movement of the
structure due to flooding.
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Be anchored according to the following specifications:
a.
Over-the-top ties shall be provided at each of the four corners of
the mobile home, with two additional ties per side at intermediate
locations and mobile homes less than fifty (50) feet long shall
require one additional tie per side.
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Frame ties shall be provided at each corner of the mobile home with
five (5) additional ties per side at intermediate points and mobile
homes less than fifty (50) feet long shall require four (4) additional
ties per side.
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All components of the anchoring system shall be capable of carrying
four thousand eight hundred (4,800) pounds.
All new and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters into the systems and dis-
charges from the systems into the flood waters. All manholes located in
the designated Flood Plain Areas shall have rim elevations not less than
twelve (12) inches higher than the high water elevation or must otherwise
be provided with watertight locking covers.
All new and replacement on-site waste disposal systems shall be located to
avoid impairment to them or contamination from them during flooding.
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...t>,.1J. public utilities and faeilities, such as sewer, gas, electrical, and water
systems shall be located. elevated, and constructed to minimize or elimjnate
flood damage.
C. Adequate drainage shall be provided so as to reduce exposure to flood
hazards.
Retention or Detention Basins: A topographical survey plat and calcula.tions I
shall be submitted to the Village Engineer for determination of the present I
runoff factor. A topographical survey indicating the improvements proposed_I
and. flood plain pl'~perty displnce~ must also be submit~e~. A flood c~ntrol J
basIn may be reqUIred on the subject property. The SIzIng and locatIOn of sa~d
detention or retention basin shall be in accordance with Chapter 22 of the
Village of :Mount Prospect Municipal Code, Ordinance 2317, and shaH meet
with the approval of the Village Engineer. The basin shall not be located
within a flood plain area. When a retention or detention basin is required
easements shall be provided for the maintenance and operational functions
of S2me.
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For any proposed development-. residential and non-residential, the apPlic::~_:ntl
shall show the Base Flood Elevation data for each lot or platted parcel.Pro-
vided, that if the Base Flood Elevation data are not available the applicant
shall compute and provide this information for each lot or platted parcel.
Flood plain volume as indicated on the official Flood Plain Map shall not be
reduced. Compensatory storage may be provided within or adj acent to Flood
Plain Areas; however, the natural stream chan.Vlel nor the floodway, as
determined by the Village Engineer of the Village of Mount Prospect shall
not be altered or relocated.
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I SECTION TWELVE:
Proposed plans must clearly show: the area and volume of flood plain to be
relocated and the same for the new location; any changes to slopes, existing
and proposed grades; and sediment and erosion control measures and shall
meet with the approval of the Village Engineer of the Village of Mount
Prospect.
Floodways
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That floodway easements of at least the width of the Floodway, as defined in this I
I' Ordinance, plus IIfteen (15) feet on each side and adjacent thereto, shall be II
I provided and shown on the plat when designated as necessary by the Village
II,. Engineer of the Village of Mount Prospect to safeguard the intent of this Ordinanc,.
i I The easement shall permit necessary public channel maintenance and irnprovemen~
II work and access of equipment therefore, but shall prohibit buildings, fences I
II and other obstructing structures thereon by the owner.
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SECTION THIRTEEN:
Watercourse Standards
That the Director of Building and Zoning of the Village of Mount Prospect shall
notify adjacent communities and the Illinois Department of Transportation,
Division of Water Resources and the Federal Insurance Administration prior to
any alteration or relocation of a 'watercourse. The flood carrying capacit'j' within
the altered or relocated portion of any watercourse shall be maintained.
SECTION FOURTEEN:
Reports and Records
A. The Director of Building and Zoning of the Village of Mount Prospect shall
provide the Village Board, the Illinois Department of Transportatlon, DivjsiOl~
of Water Resources, and the Federal Insurance Administration with an annual!
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report on forms as provided the Village of Mount Prospect by the Federal
Insur ance Administration.
B. The Director of Building and Zoning of the Village of l'v!ount Prospect shall
maintain the records of first floor elevations, floodproofing certifications,
all variance documents required by Section 1910.6 (a) (5) and (6) of the
Rules and Regulations of the National Flood Insurance Program. permit
applications, and all other records required by the Federal Insurance
Administration.
SECTION FIFTEEN: Variances
That upon application and after ten (10) days notice of a public hearing. the
Zoning Board of Appeals may grant a variance of this Ordinance as provided for
in Section 127 of the Mount Prospect Building Code, subject to compliance with
the provisions of Section 1910.6 (a) of the Rules and Regulations of the National
Flood Insurance Program and such other conditions as the Zoning Board of Appeals
of the Village of IV!ount Prospect deems necessary to comply 'with the intent of the
, Ordinance.
SECTION SIXTEEN: Disclaimer of Liability
That the degree of flood protection required by t:r..is Ordinance is considered
reasonable for regulatory purpcses and is based on engineering and scientific
methods of study. Larger noods may occur on rare occasions or the flood heights
may be increased b}'r man -made or natural causes. This Ordinance does not
imply that development either inside or outside of areas designated as The Plood
Plain Area will be free from flooding or damage. This Ordinance does not
create liability on the part of the Village of Mount Prospect or any officer or
employee thereof for any flood damage that results from reliance on this Ordinance
or any administrative decision made lawfully thereunder.
SECTION SEVENTEEN: Penalties for Violation
That any person who violates this Ordinance shall upon conviction thereof be fined
I not less than $25.00 nor more than $500.00 and in addition, shall pay all costs and
expenses involved in litigation. A separate offense shall be deemed committed
I upon each day during or on which a violation occurs or continues.
I SECTION EIGHTEEN: Separability
Ii That the provisions and sections of this Ordinance shsll be deemed separable.
and the invalidity of any portion of this Ordinance shall not affect the validity
I of the remainder.
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II SECTION NINETEEN: Effective Date
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I That this Ordinance shall be in full force and effect from and after its passage,
approval and publication in the manner prov.ided by law.
AYES: 5
NAYS: r;
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I PASSED this _20th day of September
I APPROVED this 20th day of September
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, 1977.
, 1977.
ATTEST:
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Village Clerk
/Y ~ jJ Y
(r:.;. A, N. /~_/
Village Pres ent