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HomeMy WebLinkAbout3263_001I" MINUTES COMMITTEE OF THE WHOLE JUNE 9, 1982 I. ROLL CALL Mayor Krause called the meeting to order at 7:30 p.m., in the Public Safety Building, 112 East Northwest Highway. Present at the meeting were: Mayor Krause, Trustees Ralph Arthur, Gerald Farley, Edward Miller, Norma Murauskis and Theodore War-tenberg, Trustee Leo Floros arrived at 7:35 p.m. Also present at the meeting were: Village Manager Terrance Bur hard, Assistant Village Manager Jay 1 -ledges, Chief of Police Ronald Pavlock, Deputy Fire Chief James Hilliger, Deputy Chief of Police Thumas Daley, Police Department's Technical Services Coordinator Robert Doran and Police Commander Joseph Bopp. Also present were approximately 13 persons in the audience. The Minutes of the Committee of the Whole meeting of May 2.5, 1.982 were reviewed and filed. I, POLICE CTI IEIF'S REPORT Village Manager Burghard indicated that when Chief Pavlock assumed his position in August, 1981, be was given instructions from the Manager's Office to assess the strengths and weaknesses of the organization, to develop a plan for reorganization and reassignment, and to develop such a plan. working in close conjunction with the Fire Department, the Fire and Police Commission, and the existing budget limitations as they related to total expenditures and the number of personnel-. Within this complex environment and in anticipation of declining growth rates in future budgets, Chief Pavlock has prepared a comparative analysis of our previous Police,Department structure, the present transitional structure and the objectives for the future organization. Coupled with these changes would be the requirement to amend Chapter 4 of the Municipal Code so that it can build upon existing policies permitting exempt ranks and make our Municipal Code Ordinance more closely resemble the rules and regulations developed by the Fire and Police Commission and adopted by the Mayor and the Board previously, In conjunction with this, is a request to have: the same system of rules and regulations and Ordinances available for the Fire Department, Chief Pavlock then reviewed some organizational charts and passed out copies to the Mayor and the Board of 'T'rustees. The organizational charts depicted the supervisory staffing patterns for both exempt and permanent civil service ranks in the Police Department upon Chief Pavlock's taking office, the structure as it exists today with certain vacancies, and an organizational chart depicting the future objectives of Chief Pavlock and. his staff. Basically, the Chief, is interested in reducing the total number of supervisory positions from the current authorized 1.2 down. to 7 and where feasible and practical to use civilians :instead of trained police officers for certain administrative and clerical functions. The introduc- tion of civilians into the Department has already begun with the appointment o:f'Mr. Doran as Technical Services Coordinator. Chief Pavlock stressed that the changes can be'made 'within existing budgetary guidelines and with the same number of authorized personnel, The change, however, will be that some of the positions will be filled by civilians and the majority of supervisory'posit ons would become ° exempt ranks as opposed to the present structure of permanent civil service positions. By using the exempt rank structure, which is already provided for in Chapter 4, the Chief will then be able to rotate personnel on an as - needed basis and they will maintain their exempt ranks based upon performance on the job rather than a permanent civil service rank. A general discussion, ensued among members of the audience, the Board„ the Village Manager and the Police Department staff. The bulk of the questions were aimed at clarifying the distinction between civil. service appointments and exempt rank appointments. Mr. Beckstrom, of the Fire and Police Commission was in attendance at the meeting and explained the role of the Fire and Police Commission and. the coordination that has taken place through` the offices of Chief Pavlock and Chief P[aIritz' with the 'Commission, During the discussion, Trustee Arthur requested that the "ire Department prepare an organizational chart along the same lines as those prepared by the Police Department to show the exempt positions and supervisory positions. Trustee. Farley requested that the Chief of Police respond to some of the data that is included in the last monthly report that demonstrates declining arrests in certain areas such as traffic, parking, and declining number of hours on patrol..' Chief Pavlock responded that he has been :attempting to enrich, the positions of the street police officer to make them more a generalist and that the Department has been mooring towards selective enforcement in 'high accident or high crime areas and, therefore; there is some decline in the numbers. The Chief reiterated that his administration is desiring to niake quality arrests and citations rather than quantity. Some -members of the audience inquired as to the cost of the recent Assessment Center for the Conunander's position and the Village Manager responded that-. the Assessment Center itself cost 8<a,000 and that any expenses for, polygraph and psychological exams would have been necessary expeTidituresH for any means of recruitment. Members of the audience also asked other questions as they related to the STOP Program, a clarification of the role of the Fire and Police Commission, and the Ordinances being proposed by the Village Manager and the Chiefs of the Fire and Police Departments. Two members of the audience submitted petitions to the Mayor and the Board of Trustees indicating that the signatures were opposed to giving the police Chief and the Fire Chief any power that would bypass the Village Fire and Police Commission, It was e>cplained to the residents in the audience that authority currently exists in the Municipal, Code as it Has since 1.977, IV. HEALTH AND LIFE "ENSUIUNCE Assistant Village Manager Jay Hedges reviewed for the Committee of the Whole the more recent activities in soliciting final price quotes for health and life insurance for the Village. After in-itial direction on the,part of the Mayor and the Board, the administration solicited six quotes from self -funding administrators through three brokers. The lowest price quote with a three-year guarantee is from Fort Dearborn, a subsidiary of Blue Cross/Blue Shield, Fort Dearborn has an "A" rating and• the insurance is written on an incurred claims basis. Mr. Hedges introduced Mike Duncan, broker representing Fort, Dearborn, and a representative of the claims office of the Fort Dearborn Insurance Company. It was explained that if the Board desires to proceed with the self -funding proposal, the Village would have the contract on the Agenda for June 1.5 and the program could be instituted on July 1. Mayor Krause reported that she had discussed the matter with Mr. Ronchetto, Chairman of the Finance Commission, and lie had ral.sed t-wo technical questions as to the price quotes regardin.g the rating of the insurance company and. the method of claims made 'versus claims incurred, This matter seems to have been answered satisfactorily and it was the general. consensus of the Committee of the Whole that the matter be scheduled, for the June 1.5 Agenda for formal adoption of the contract with. Fort.. Dearborn. - 3 - \71, ANY OTHER BUSINESS Trust'de Miller 1, nqu ` `a.'olart itannn from the. 9 as to r°he statins of time all -ch buges Parked t Sunset S& )ort,od that the Director of: tad sent an :lette to the thug front ybtrd and storage of these elxi :les' 46tild h e to be stowed elsowhere. npmnpf,t~lm,nally, the buses mfrnivin , over the sidewalks and' the curbs, as well as the parkways was lmnnp opt V11 EXECUTIVE SESSION .It was moved by Ttustoe Arthur, sssc:ozsd.e' i by Trustee Miller to, adjourn the Committee o the Whole meeting and to go into an Executive Sessicxn for the purposes ses of discussing ,,ibor, nep.„ot. amtfanrt , Motion pa,ssed unanimously slar.id the lessf.on at ' 1p p m. VII L.ADJOILTRI TENT The Executive Session, ion, amens a,4,,Ij ammrhe4 at 9:19 p.m. and the t"'otand',tt,,ee of the Whole, lsnsne lay ely adjmamarnmedw Village age annnsger l f tau r r ew 4- Village of W, nt Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: -Terrance L. Burghard, village Manager FROM. ffin A. Hedstrom, Director of Management Services SUBJECT: Co unitment Block Grant Audit for Peri to June 30, 1982 DATE: June 11, 1982 The Village has received four proposals to perform the subject Audit and they are as follows; 9M M. David Cain & Associates Gerald W. Fox Karrison & Byrne London Witte & Company Knomm Estimate of $1,800 to $2,000 Fixed Fee of $3,750 Fixed Fee of $2,500 Estimate charges that would not exceed $2,000 Each firm's proposal is attached for your use. I recommend that the Mayor and Board of Trustees appoint the firm of London Witte & Company due to their familiarity with the records but with the provision that their fee will not exceed $2,000. Village of Mount. 'Ospect Mount ProsI)ect, Hfinois INTEROFFICE MEMORANDUM TO: Terrance L. Burghard, Village Manager FROM: ohn A. Hedstrom, Director. of Management Services SUBJECT. Block Grant Audit for -iPeriod Jjj-,,L� 1, 1960 to June 30, 1982 DATE: June 11, 1982 The Village has received four proposals to perform the subject Audit and they are as follows: Firm M. David Cain & Associates Gerald W. Fox Karrison & Byrne London Witte & Company ZUT10 Para t Estimate - ' imate of $1,800 to $2,000 Fixed Fee of $3,750 Fixed Fee of $2,500 Estimate charges that would not exceed $2,000 Each firm's proposal is attached for your use. I recommend that the Mayor and Board of Trustees appoint the firm of London Witte & Company due to their familiarity with the records but with the provision that their fee will not exceed $2,000. `~ Village of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM C;4' TO: Village Manager FROM: Director of Public Works DATE: June 18, 1982 SUBJECT: Ordinance Revision Attached are recommended ordinance changes regarding sanitary sowers and water supply systems' In summary the changes made include: Article II Sanitary Sewers 1'The required hook on distance has been changed from 300' to 2001. Z- Language has been added to cover requests from residents outside the Village limits for sanitary hook up facilities' 3. A new section was added covering the required fees that are to be paid prior to connecting on. 4. Clarification on repairs whereby it is the homeowners responsibility to repair their sewer service from their building to the main sewer including the connection onto the main. 5' A new section governing penalties that will be enforced if anyone violates any parts of Article II. Article IV Water and Water Supply 1' Addition of a required honk up distance of 200', but also made allowances for buildings that are presently being served by a private well, 2. Language was added to cover requests from residents outside the Village limits for water hook up facilities. 3. Increased the penalty for using a fire hydrant from $5.00 to %100'00 4. Under repair, language was added to cover frozen lines as well as defining the homeowners responsibility governing those repairs to be the service line located between the b -box and the building being served' The chan�3es as outlined are meant to clarify language as they relate to current Village policies. e 2 bne 18, 1082 Ordinance Revision ' Article VIII Flood Plain The existing flood plain ordinance is being deleted and a new ordinance recommended that will conform to the requirements of The Federal Emergency Management Agency, and permit the Village of Mount Prospect to enter the regular phase of the flood insurance program. The present flood plain regulation does not conform with the program requirements and therefore it' is mandatory that a new flood plain regulation be adopted. Werequest that the proposed modifications be forwarded to the Village Board for approval and passage. 4r, WerL. --Woe&�s ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 22 ENTITLED "WATER, SEWER AND FLOOD PLAIN REGULATIONS" OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS: SECTION ONE: chapter 22 entitled "Water, Sewer and Flood Plain Regulations" of the Village Code of Mount Prospect, Illinois, 1982 is hereby amended as follows: A. By deleting Article II thereof, entitled, Sanitary Sewers", in its entirety, and by substituting therefore a new Article II entitled "Sanitary Sewers" to read: ARTICLE II SANITARY SEWERS SECTION: 22.201. Definitions 22.202. Connection Required 22.203. Sewer Connection: Permits, Application, Fee 22.204.. specifications 22.204.1. Sanitary Sewer Construction and Materials 22.20,4.2. Building and House Sanitary Sewer Services 22.204.3 Trench Backfill 22.264.4. Manholes 22.204.5. Protection of Property and the Public 22.204.6. As Built Drawings 22.205. ownership of Sanitary Sewer System 22.206. Penalty . Section 22.201 Definitions. All words and phrases, not de- fined in the following text, which shall take precedence, shall be in accordance with, "Glossary - Water and Sewage Control Engineering", published by the American Society of - 1 - Civil Engineers, the American Water Works Association and the Federation of Sewage and Industrial Wastes Association. BUILDING AND HOUSE That part of the sanitary sewer SANITARY SEWER SERVICE: between the connection to the sanitary sewer main, including the connection, and the external walls of the building. ENGINEER: The Village Engineer or his author- ized representatives. GARBAGE: Solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage and sale of produce. INDUSTRIAL WASTES: Liquid wastes from industrial manu- facturing processes, trade or business as distinct from sanitary sewage. INTERCEPTING SEWER: A Metropolitan Sanitary District sewer into which the sewage from a sanitary sewer main or mains is discharged and is transmitted to a sewage treatment plant. NATURAL OUTLET: Any outlet in a watercourse, pond, ditch, lake or other body of sur- face or ground water. PROPERLY SHREDDED The wastes from the preparation, GARBAGE: cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions. prevailing in public sewers with no particle greater than one-half inch (h") in any dimension. PUBLIC SEWER: A sewer in which all owners of abutting properties have equal rights and is controlled by public authority. SANITARY SEWER: A sewer that carries liquid and. water -carried wastes from residences, commercial or industrial plants and institutions, together with minor quantities of storm, surface and ground waters that are not ad- mitted intentionally. SANITARY SEWER MAIN: A sewer into which the sewage from two (2) or more building sanitary sewer services is discharged. SEWAGE: A combination of the liquid and water -carried waste from residences, single or multiple, commercial or industrial buildings and institu- tions. (Also known as Wastewater). SEWAGE TREATMENT PLANT: Any arrangement of devices and structures used for treating sewage. SEWER: A pipe or conduit that carries wastewater or drainage water. SEWERAGE SYSTEM: The facilities for collecting, con- veying, treating and disposing of sewage. STORM SEWER: A sewer that carries stormwater and surface water but excludes domestic sewage and industrial wastes. SUSPENDED SOLIDS: Solids that either float on the surface of, or are in suspension in water, sewage or other liquids, and which are removable by labora- tory filtering. TRUNK LINE: A line which collects sewage from one or more sanitary sewer main lines and carries it to either an interceptor or a treatment plant. USER: The word "user" may be used with reference to: A. Residential user shall be deemed to be the owner, tenant or occupant of a single family dwelling connect- ed to Mount Prospect sanitary sewer main . line. B. Multiple dwelling unit user shall be deemed the owner, tenant or occupant of a building devoted to resident purposes which contains two (2) or more single-family dwellings, which building is directly or indirectly connected to a Village sanitary sewer main line. C. Industrial or commercial user shall be deemed to be the owner, tenant or occupant of any establish- ment, which owner, occupant or tenant is not a residential user as defined in Section 201 of this Article or a multiple dwelling unit used as defined in Section 202 of this Article, but which establishment has sanitary sewer facilities directly - 3 - USER: (Con't) or indirectly connected to a Mount Prospect sanitary sewer main line. D. Collector as used herein shall mean the Village Treasurer appointed to issue all bills and collect all charges. WATERCOURSE: A channel in which a flow of water occurs, either continuously or intermittently. (Ord. 2288,2-16-71) Section 22.202 Connection Required. The sanitary sewer facil- ity of any building, requiring such sanitary sewer facilities located within the Village, which building is located within two hundred feet (2001) of a sanitary sewer main line, shall have said sanitary sewer facilities connected to the said sanitary sewer main line. Any parcel and/or building located outside the Village would be required to annex into the Village. Prior to connecting onto the Village sewer system, and any and all exvenses incurred to extend said sewer system would be totally at the owners expense. (Ord. 2288-,2-16-71). Section 22.203 Sewer Connection; Permits, Application, Fee. No connection with a sewer main shall be made without a permit being issued, all required fees paid as outlined in Chapter 21 Article VI Section 21.609 and twenty-four (24) hours notice 'having been given to the Director of Public Works. Applica- tions for connections shall be made to the Director of Code Enforcement. A. There shall be three (3) classes of sewer permits: 1. For a single family residential building connecting to or extending an existing main line sewer; 2. For a multiple residential building (or buildings), connecting to or extending an existing main line sewer; and 3. Industrial or commercial buildings connecting to or extending an existing main line sewer. B. Each permit application shall be submitted, with the required Metropolitan Sanitary District plans and docu- ments, or with forms provided by the Village under its jurisdiction only. All permit applications shall be supplemental with plans, specifications and additional information as required by the Village Engineer. (Ord. 2288, 2-16-71). Section 22.204 Specifications. Sanitary sewer systems shall be designed in accordance with "Illinois Recommended Standards for Sewage Works (Latest Edition) as published by the Illinois Environmental Protection Agency, Division of Water Pollution Controls; "The Industrial waste ordinance of the Metropolitan Sanitary District; "The Sewer Permit Ordinance of the Metro- politan Sanitary District" and "The ordinance for the Control and Abatement of Pollution of Water Within the Metropolitan Sanitary District", and all of the above and other sanitary district regulations shall - 4 - govern the minimum engineering standards for the design, con- struction and maintenance of sewers and sewerage systems within the sanitary district, including, as to types of materials, method of installation, maximum permissible rates of infil- tration and other engineering parameters including but not limited to the following: (Ord. 2288, 2-16-71). Section 22.204.1 SanitaFy_Sewer Construction and Materials. A. All sanitary sewer mains shall have a minimum internal diameter of eight inches (8"). Sanitary sewer services shall have a minimum internal diameter of six inches (6") . B. Sanitary sewers with internal diameter between eight inches (8") and twenty one inches (21"), and sanitary sewer services, shall bp constructed of extra strength vitrified clay pipe in conformance with the specifica- tions of the American Society for Testing Materials, Designation C-200, or Truss Pipe (A.B.S. Pipe) -- A.S.T.M. D-2680. C. Sanitary sewers with internal diameter twenty four inches (24") and over shall be constructed of either reinforced concrete pipe conforming to the American Society for Testing Materials, Designation C -76i wall thickness B, or Asbestos Cement Pipe conforminc'to the American Society for Testing Materials, Designation D-1069. D. Amvit joints or other approved joints of materials having resilient properties for vitrified clay,pipe sanitary sewer services shall be the compression type in conformance with the specifications of the American Society for Testing Materials, Designation C -425-60T. I E. Joints for reinforced concrete sewers shall be I rubber gaskets conforming to American Society for Testing Materials, Designation C-443. F. Joints for asbestos cement pipe shall consist of an asbestos cement sleeve, made from material similar to the pipe, and two (2) rubber ring gaskets, all designed and suitable for connecting the lengths of pipe together. G. Rubber baskets shall be of uniform thickness throughout, smooth, free from pitting, blisters, air checks and other imperfections. H. All pipe installation shall be in accordance with ASTM Designation C12. (Ord. 2288-, 2-16-71). - 5 - Section 22.204.2 Building and House Sanitary Sewer Services. A. Sanitary sewer services shall in general be constructed in accordance with the specifications in Section * 22.204.1 above, with the exception that the maximum length of building sanitary sewer service shall not ex- ceed one hundred twenty feet (1201) in length. If this length is exceeded, an intermediate manhole shall be constructed. B. Installation. All service pipes from the main to the premises served shall be installed by, and at the cost of, the owner of the property to be served on the appli- cation for the service. Such installations shall be under the inspection of the Director of Public Works or his authorized representative. C. Minimum slope for all building sanitary services shall be one-eighth inch (1/8") per foot. A lesser slope as approved by the Director of Public Works may be used for pipe sizes larger than six inches (6"). D. The connection of the sewer service the sanitary sewer main shall be made at an existing wye branch if avail- able. 1. If a,wye branch is not available, the tap (connection) to the sewer main shall be made by a circular saw - cut of sewer main by proper tools ("Sewer -Tap" machine or similar), and proper installation of hub wye saddle or hub tee saddle, in accordance with manufacturer's recommendations. 2. All such connections must be inspected by the Director of Public Works or his authorized repre- sentative. After the connection has been made, it shall be made secure and watertight by encasement in concrete. 3. Bedding shall be required for all sewer construction except ductile iron pipe and shall be not less than four inches (4") thick. Material for bedding shall be crushed limestone gradiation CA6 in conformance with Article 704.01 of the Illinois Standard Specifications for Road and Bridge Construction. E. All sanitary services shall be "overhead" installations. If buildings have basements, a pump or ejector shall - be provided to pump the wastewater to the sanitary sewer service in accordance with the Village Plumbing Code. F. All floor drains shall be connected to sump pumps dis- charged into the sanitary sewer system. G. Footing drains shall be connected to sump pump and dis- charged to drainage swales in rear of yards or dis- charged to the storm sewer. H. Downspouts shall discharge on ground surface. (Ord. 2288, 2-16-71). - 6 - 1. Repairs. All repairs for service pipes and plumbing systems of buildings shall be made by and at the expense of the owners of the premises served. The Village may, in case of an emergency, repair any service pipe and if this is done the cost of such repair work shall be repaid to the Village by the owner of the premises served. J. Excavations. Excavations for installing service pipes or repairing the same shall be made in compliance with the ordinance provisions relating to making excavations in streets or public right-of-ways. Section 22.204.3 Trench Backfill. A. All trenches caused by the construction of sewers, water mains, water service pipes and in excavation around catch basins, manholes, inlets and other appurtenances which occur within the limits of existing or proposed pavements, sidewalks and curb and gutters shall be backfilled with trench backfill. B. Trenches and excavations near or adjacent to proposed or existing pavements, sidewalks and curb and gutters shall be backfilled with trench backfill to an elevation equal to the intersection of a one to one slope line from the top of the pavement sidewalks or curb edge, with a vertical line through the nearest edge of the trench or excavation. C. Trench backfill shall consist of sand, pitrun gravel or crushed stone and shall be compacted in place to ninety five percent (95%) of maximum density at optimum moisture as determined by the Standard Proctor Test. (Ord. 2288, 2-16-71). Section 22.204.4 manholes. A. Manholes for sanitary sewers thirty six inches (30") and smaller shall have an inside diameter of forty eight inches (48"), and a six inch (6") thick precast concrete base, in one piece, bedded in at least two inches (2") of gravel or crushed stone. B. Manhole sidewalls shall be of precast concrete ring construction which shall have a five inch (5") minimum thickness. C. Manhole bases for sewers with an internal diameter forty two inches (42") and larger shall be constructed of reinforced concrete. D. Frames and grates for manholes shall be similar to Neenah manufacture No. R-1015, with a combined weight of five hundred forty (540) pounds. The frames shall be set in a full mortar joint on each structure. E. All sanitary sewer manholes constructed within a flood plain, as designated on the maps prepared by the United States Geological Survey, shall have a minimum rim (top) elevation of one foot (11) above the flood protec- tion elevation for the area. mm F. When the manhole rim is less than two and one-half feet (23il) above the flood protection elevation an approved watertight manhole cover must be provided. G. on all main sanitary sewer lines, manholes shall be constructed at intervals not less than one for every three hundred (300) lineal feet of sewer line. (Ord. 2288, 2-16-71). Section 22.204.5 Protection of Property and the Public. A. Means shall be taken to protect all public and private property in the construction area. All areas disturbed by construction shall be restored to original condition, including, but not limited to, streets, sidewalks, parkways, trees, bushes and fences. B. The provisions of this Municipal Code relating to excavations in streets shall be complied with in making excavations in streets or other public places. C. All other excavations shall be adequately guarded with barricades and lights so as to protect the public from hazard. (Ord. 2288, 2-16-71). Section 22.204.6 As Built Drawings. For all projects in- volving extension of a sanitary sewer main, there ' shall be submitted to the Village Engineer three (3) copies of an "as built" plan showing the actual locations and grades of sewers, manholes and sewer services. (Ord. 2288, 2-16-71). Section 22.205 ownership of Sanitary Sewer A. All right, title and interest in and to the improvement authorized by the sewer permit shall vest in the Village and shall remain the sole property of the said Village so long as same remains connected to the public sewer system excepting as otherwise herein provided. The President and Board of Trustees reserves the right to require at any time subsequent to the application for a permit, the execution of an easement agreement in the form and of the content determined by the Village Engineer and the Director of Public Works, providing adequate access to the improvement and sufficient for maintenance, improvement and/or repair thereof. B. In every instance where a sanitary sewer main is listed on the Sewer Main Participation Schedule kept on file with the office of the Village Clerk where the Village has participated in the costs of construction of any such sanitary sewer main, no applicant for a permit under the terms of this Article shall be authorized to connect into or otherwise tap on to such sanitary sewer main until such applicant shall have first paid to the Village a tap -on fee therefor in an amount equal to his pro -rata share based on the contract price for the con- struction of said sewer main. (Ord. 2288, 2-16-71). - 8 - Section 22.20 6 Penalty. . Any person violating any provision of this Article shall be fined not less than five dollars ($5.00) nor more than two hundred dollars ($200.00) for each offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. SECTION TWO: This Ordinance shall be in full force and effect upon its passage, approval and publication in accordance with law. PASSED THIS day of r.1982. AYES: NAYS: ABSENT: APPROVED THIS day of ATTEST: VILLAGE CLERK F 1982. VILLAGE PRESIDENT ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 22 ENTITLED "WATER, SEWER AND FLOOD PLAIN REGULATIONS" OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS: SECTION ONE: Chapter 22 entitled "Water, Sewer and Flood Plain Regulations" of the Village Code of Mount Prospect, Illinois, 1982 is hereby amended as follows: A. By deleting Article IV thereof, entitled "Water and Water Supply", in its entirety, and by substituting therefor a new Article IV entitled "Water and Water Supply" to read: ARTICLE IV WATER AND WATER SUPPLY 4x460t*)ZF 22.401. Turning on; Application, Fee 22.402. Service Connection; Application, Fee 22.402.1. Connection Required 22.403. Conform to Plumbing Code 22.404. Prohibited Acts 22.405. Restriction on Use of Water 22.405.1. Fire Hydrants 22.405.2. Lawn and Garden Use, Filling Swimming Pools 22.405.3. Citations Issued; Penalty 22.405.4. Penalty 22.406. Service Pipes 22.407. Penalty Section 22.401 Turning on; Application, Fee. No water from the Village water supply shall be turned on for service into any premises by any person but the Director of Public Works or some person authorized by him to perform this service. - 1 - Application to have water turned on shall be made in writing to the Director of Public Works, and shall contain an agreement by the applicant to abide by and accept all of the provisions of this Chapter as conditions governing the use of the Village water and sewer system by the applicant. A fee of ten dollars ($10.00) shall be paid for turning on the water. (Ord. 913, 5-21-63; amd. Ord. 3138, 9-1-81). Section 22.402 Service Connection; Application, Fee. No connections with a water main shall be made withoute. permit being issued, all required fees paid as outlined in Chapter 21 Article VI Section 21.605, and twenty-four (24) hours notice having been given to the Director of Public Works. Applications for connections shall be made to the Director of Code Enforce- ment. (Ord. 913, 5-21-63; amd. Ord. 2885, 4-4-79). Section 22.402.1 Connection Required. The water supply facility of any building requiring such water supply facilities located within the Village, which building is located within two hundred feet (2001) of a water main line, shall have said water supply facilities connected to the said water main line. All existing buildings presently within the Village that are being served by a private well are exempt from this section until such time that their well becomes inoperable at which time they will be required to connect onto the village water main. Any parcel and/or building located outside the Village would be required to annex into the Village prior to connection onto the Village water supply and any and all expenses incurred to extend said water supply would be totally at the owners expense. Section 22.403 Conform to Plumbing code. No water shall be turned on for service in premises in which the plumbing does not comply with the ordinances of the Village; provided that water may be turned on for construction work in unfinished buildings, subject to the provisions of this' Article. (1957 Code, 23.104). Section 22.404 Prohibited Acts. A. Resale. No water shall be resold or distributed by the recipient thereof from the Village supply to any premises other than that for which application has been made and the meter installed, except in case of emergency. (1957 Code, 23.106). B.' Tampering. It shall be unlawful for any person not authorized by the Village to tamper with, alter or injure any part of the Village water system or water meters. (Ord. 913, 5-21-63). C. Air Conditioners. It shall be unlawful to install, operate or maintain any type of water -operated air conditioner anywhere in the Village. (1957 Code, 23.108). Section 22.405 Restriction on Use of Water Section 22.405.1 Fire Hydrants. It shall be unlawful for any........... . person . y at any time, without proper 'authority, to take any water from any fire hydrant. (Ord. 2648, 7-20-76). - 2 - Section 22.405.2 Lawn and Garden use, Filling swimming Pools. A. It shall be unlawful for any person to use or any owner to allow the use of any water, whether drawn directly or indirectly from public wells and/or public water supply distribution systems for the purpose of watering and/or sprinkling lawns and/or gardens or for the purpose of filling and/or refilling swimming pools, except as provided hereinbelow: 1. All such watering and/or sprinkling shall be accom- plished only between the hours of one minute after twelve o'clock (12:01) A.M. to ten o'clock (10:00) A.M. and four o'clock (4:00) P.M. to twelve o'clock (12:00) midnight on Tuesday, Thursday, Saturday and Sunday. 2. Newly sodded areas of lawns may be watered at any time on any day for the two (2) week period following the installation of such sod. (Ord. 2648, 7-20-76). B. In case of mechanical failure of any of the wells providing water for the Village or in case of a water shortage, the Village Manager, upon declaring an emergency exists, is hereby authorized to implement the emergency water use plan currently being utilized by the Village (as same may be amended from time to time to meet Illinois State requirements) and to impose immediate restrictions upon the use of water for the purpose of watering and/or sprinkling lawns and/or gardens or for the purpose of filling and/or refilling swimming pools. (Ord. 2834, 10-17-78). Section 22.405.3 Citations Issued; Penalty. A. Citations. It shall be the duty of the following officials of the Village to issue citations to any person who violate the provisions of this Section: Police Department; Fire Prevention Bureau including the Chief and Deputy Chief of that Bureau; Department of Community Development, .and the Director of Public Works and his administrative assistants. 1. Said citation may be delivered to the violator per-, sonally or may be delivered to a member of the violator's household of the age of ten (10) years or upwards, or may be affixed to the main entrance to any building located upon the premises where the violation occurred. 2. Nothing in this subsection shall be construed to abridge the power of a police officer to arrest any violator and take him into custody. B. Penalty. 1. Notwithstanding the provisions of Section 22.405.4 of this Article, and notwithstanding the power of a police officer to arrest any violator and take him MM into custody, whenever a Village official designated under subsection A hereinabove, is authorized to issue a citation because of a violation of this Section, said official may, in lieu of filing a complaint in court in the first instance, issue to alleged violator a citation: a. Advising said person that he has viol . ated a specified subsection herein. b. Requesting him to make payment in an amount applicable to said alleged violation as set forth in subsection B5 of this Section as settlement of said violation claim; and C. Informing him that upon failure to so settle, a complaint will be filed in the Circuit Court of Cook County, charging him with such violation. 2. Pursuant to said citation, the person so accused of said violation may settle and compromise the violation claim in respect to such Section violation by paying to the Village the applicable amount as shown in sub- section B5 of this Section, within a period to be specified in said citation, not more than seven ' (7) days of the time alleged offense was committed. Such payment shall be made in accordance with the instructions contained in the aforesaid citation, at the office of the Finance Department of the Village, which shall issue a receipt for the money so received and promptly remit said amount to the Village Treasurer to be credited to the proper Municipal Fund. 3. In the event that the person to whom said citation is issued fails to settle and pay said violation claim within the prescribed time, or within a period of time specified in a final notice (if one is served upon him) then such designated official is authorized to cause a notice to appear to be served upon said alleged violator and is authorized to file a complaint and to prosecute the same in the Circuit Court of Cook County. 4. The fact that the water meter through which the water flows is registered with the Village Treasurer - Collector in the name of said alleged violator for billing purposes, shall be considered prima facie that said alleged violator allowed the use of such water at the time of such alleged violation. 5. The violation claim described in said citation so to be issued pursuant to the terms of this Section may be settled, compromised and paid in the respective amounts set forth in the following schedule: a. In the event that said payment is made prior to the mailing by the Municipality or by the official of a final notice, the following amounts shall be accepted as settlement; - 4 - Improper taking of water from any fire hydrant $100.00 Water and/or sprinkling during prohibited hours 5.00 Watering and/or sprinkling during prohibited hours upon declaration of an emergency 5.00 b. in the event that payment has not been paid prior to the mailing of such final notice, and in fact, final notice has been mailed, the following amounts shall be accepted as settlement: Improper taking of water from any fire hydrant $125.00 Watering and/or sprinkling during prohibited hours 8.00 Watering and/or sprinkling during prohibited hours upon declaration of an emergency 8.00 c. In the event that payment is not made within the time prescribed in the final notice, and a notice to appear has been served and a complaint filed in the Circuit Court of Cook County, pay- ment of any fine and costs shall be in such amounts as may be determined and established by the Circuit Court of Cook County pursuant to Section 22.405.4 of this article. C. For the purpose of this Section, whenever the following words and phrases are used they shall have the meanings and definitions respectively ascribed to them in this sub- section. "Public well" is a hole or shaft sunk into the earth in order to obtain and develop water from a subterranean supply, bringing it to the surface, and making it avail- able for use by the people, through transmission mains where the rates charged for such water development are controlled by an agency of the State of Illinois or any political subdivision thereof. The act of "sprinkling" is the scattering of water in drops or particles through a system of pipes and attached garden hoses or nozzles used for watering a lawn, garden, golf course or any vegetation. (Ord. 2648, 7-20-76). Section 22.405.4 Penalty. Notwithstanding the provisions of " — Section 22.405.3 of this Article, whenever a police officer arrests a person because of a violation of said Section 22.405, every person convicted of a misdemeanor for a violation of any of the provisions of this Article shall for first conviction thereof be punished by a fine of not less than twenty five dollars ($25.00) nor more than five hundred dollars ($500.00) . (Ord. 2648, 7-20-76). Section 22.406 Service Pipes. A. Installation. All water service pipes from the main to the premises served shall be installed by, and at the - 5 - cost of, the owner of the property to be served on the application for the service. Such installation shall be under the inspection of the Director of Public Works. (1957 Code, 23.201). B. Meters. All water service lines shall include a water meter to be located within the building serviced. C. Pipes. No service shall be installed unless it conforms to specifications drawn up by the Board of Trustees and approved thereby, a copy of which specifications shall be kept on file by the Clerk and shall be open to inspection by any person interested. (1957 Code, 23.202). _ D. Repairs, and frozen lines. All repairs for water service pipes of buildings shall be made by and at the expense of the owners of the premises -served. This applys to the water service pipe located on the property owners side of the shut-off box. The Village may, in case of.an emergency, repair any service pipe and if this is done the cost of such repair work shall be repaid to the Village by the owner of the premises served. (1957 Code 23.203). E. Excavations. Excavations for installing service pipes or repairing the same shall be made in compliance -with the ordinance provisions relating to making excavations in streets and public right-of-ways. Provided that it shall be unlawful to place any service pipe in the same excavation with, or directly over, any drain pipe or sewer pipe. (1957 Code, 23.204). F. Shut-off Boxes. Shut-off boxes or service boxes shall be placed on every service pipe, and shall be located between the curb line and the sidewalk line where this is practical. Such boxes shall be so located that they are easily access- ible and shall be protected from frost. (1957 Code, 23.205). Section 22.407 Penalty. Any person violating any provision of this Article shall be fined not less than five dollars ($5.00) nor more than two hundred dollars ($200.00) for each offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (1957 Code, 23.109). SECTION TWO: This Ordinance shall be in full force and effect upon its passage, approval and publication in accordance with law. PASSED THIS day of 1982. AYES: NAYS: ABSENT: APPROVED THIS — day of ATTEST: VILLAGE CLERK 1982. VILLAGE PRESIDENT a ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 22 ENTITLED "HATER, SEWER AND FLOOD PLAIN REGULATIONS" OF THE VILLAGE CODE OF MOUNT PROSPECT. ILLINOIS BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS: SECTION ONE: Chapter 22 entitled "Vater, Sewer and Flood Plain Regulations" of the Village Code of Mount Prospect, Illinois, 1982 is hereby amended as follows; A.- By deleting Article VIII thereof, entitled "Flood Plain Regulations", in its entirety" and substituting therefore a new Article VIII entitled "Flood Plain Regualtions" to read: ARTICLE VIII FLOOD PLAIN REGULATIONS SECTION: 22'801 Purpose 22'802 Conflicting Laws Repealed 22'803 Definitions 22'804 Official Flood Plain Maps and Profiles 22,805 Plan Approval and Permits 22.806 New Construction and Substantial Improvement Standards 22'807 Preventing Increased Damages 22.808 Other Requirements 22'809 Variances 22,810 Disclaimer of Liability 22.811 Penalty 22'812 Separability SECTION 22.801 That this Ordinance, enacted pursuant to the police powers granted to the Village of Mount Prospect by I11' Ren' Stat., Chapter 24, Section 11-30-2° is to accomplish the following purposes: - A. To prevent unwise development from increasing the flood stage or drainage hazards to others: . B. To protect human life and health from the hazards of flooding; C. To protect new buildings and major improvements to other � buildings from flood damage; D. To lessen the burden on the taxpayer for -flood cnntrol projects, � repairs to flood -damaged public facilities and utilities, and rescue and relief operations; E. To maintain property values and a stable tax base by minimizing . the potential for creating flood -blighted area: F. To make federally subsidized flood insurance available for property in the Village of Mount Prospect; and G. To provide for the orderly growth and development pursuant to the Village of Mount Prospect's Comprehensive Plan for an environment that is especially sensitive to changes from human activity.. 2 ft SECTION 22.802 Conflicting Laws Repealed That the Flood Plain Ordinance No. 2748 of the Village of Mount Prospect is hereby deleted in its entirety and reconstituted so that the provisions of this Ordinance shall be deemed as additional requirements to minimum standards required by that and any other ordinances of the Village of Mount Prospect. In case of conflicting requirements" the more restrictive shall apply. � ` Definitions That for purposes of this Ordinance, the following definitions are adopted: A. Base Flood - That flood having a one percent (1%) probability - - of being equalled or exceeded in any given year. The base flood ` is also known as the 100 -year flood. B. Buse Flood Elevation - That elevation of the crest of the base flood in relation to mean sea level datum. C. 8ui�diM - Any structure which is principally above ground and is enclosed by walls and a roof. The term includes a mobile home or ' prefa&ricated building which is affixed to a permanent site and - _ cunmected to the required utilities' The term does not include � recreational vehicles or travel trailers. D. D - Those man-made changes to unimproved or improved real _ estate, including c ' (i) Construction, reconstruction or placement of a building or an addition valued at $1,000 or more to any existing building. (ii) Installation of a mobile home or prefabricated home on a site. or preparation of a site for a mobile home or prefabricated ' ' _ home; (iii) Installing utilities or facilities construction of roads, bridges or similar projects valued at more than $1°000, (iv) Construction or erection of levees, walls or fences; (x) Filling, drilling, dredging, grading, excavating, mining, or other nun agricultural alterations of the ground surface; 4 zk SECTION 22.803 Definitions (continued) (vi) Storage of materials; or (vii) Any other activity that might change the direction, water stage or velocity of flood or surface waters. Development does not include: (i) Maintenance of existing buildings and facilities such as reroofing or resurfacing roads; (ii) Repairs made to a damaged. building that do not change the building's exterior dimensions and that are valued at less than 50% of the value of' -the buildings before the dama4i'occured; or (iii) gardening, plowing and similar agricultural practices that do not involve filling grading or constructing levees. E. Flood That general and temporary innundation of normally dry land areas from the overflow, the unusual and rapid accumulation, or the runoff of surface waters from any source. F. Floodway - That portion of the Special Flood Hazard Area (SFHA) required to store and convey the base flood. If not prohibited, building or placing obstructions in a floodway will increase flood damages to other properties. L� Z ~ SECTION 22.803Definitions(continued) - G. Flood Protection ET i _ That elevation of the base flood plus two feet at any given location i' the Special Flood Hazard Area (SFHA)' - H.Area (SFHA) - Those lands within the Jurisdiction of the Village of Mount Prospect that are subject to innundatfun by the base flood. The special flood hazard areas refer to Zone "A" of the Village and are identi- fied as such on maps on file with the Village of Mount Prospect as Flood Insurance Rate Maps dated February 2, 1982' I� Mobile Home That structure �� - - - r r one or more sections which is built on a permanent chassis and «- -designed to be used - with or without a permanent foundation when connected to utilities. For purposes of this Ordinance, it does not include recreational vehicles or travel trailers. ./ J. Those repairs, reconstructions or improvements of a structure, which either increase he plan area -of the building by 20%, the cost of which equals fifty 50% of the market value of the structure either before the improve- ment 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 (a) any project for improve- ment of a structure to comply with existing state or local ' health, sanitary or safety code syeciffcfatiuns which are solely necessary to assure safe lining conditions, or [b] any alteration of a structure or site documented as deserving preservation by the Illinois Department of Conservation or listed in the National Register of Historic Places. G SECTION 22.804 Official Flood Plain Maps and Profiles That the "OFFICIAL FLOOD PLAIN MAPS AND PROFILES" of the Village of Mount Prospect utilize the best and most current flood plain map, profiles and elevations data and that the review for flood hazards shall be based on the 100 -year flood as established by the most recent and best available data. If the 100 -year flood information is not available, the review will be based on the flood -of -record data. The data which will be used by the Village in its review is listed below in descending order of overall accuracy, completeness and timliness. When data of a higher order becomes available, data of a lower order will not be used. A. . FEMA(federal Emergency Management Agency) FIS(Flood Insutance Studies), if certified by the Illinois Department of Transportation, Division of Water Resources (IDOT-DWR) B. IDOT-DWR Regulatory Flood Plain Maps and Profiles. C. Soil Conservation Service - Metropolitan Sanitary District of Greater Chicago (SCS-MSDGC) Floodwater Management Plans, using the without project" data shown therein. D. Other detailed 1OD-year flood studies, if certified by IDOT-DWR. E. HUD Flood Hazard Boundary Maps (FHBM) and approximate FIS data. F. USGS (United States Geological survey) Maps of Flood -Prone Areas. G. USGS-NIPC (Northern Illinois Planning Commission) Hydrologic Investigation Atlases (Floods -of Record).: When either the HUD Flood Hazard Boundary Maps or the USGS Maps of the Flood Prone Areas are used to determine the limits of the flood plain, then the regulatory highwater elevations shall be those of the flood -of -record. 7 SECTION 22.805 _Plan Approval and Permits No person, firm or corporation shall commence any development in the Special Flood Hazard Area without first obtaining development plan approval from the Director of Community Development. The Director of Community Development shall not issue Development Plan approval if the proposed development does notcomply with the provisions of this Ordinance. A. Application for a development plan approval shall be made on a form provided by the Director of Community Development' The application shall be accompanied by drawings of the site, drawn to scale, showing property line dimensions, mumomentatiun and to � those parts of the site that are below the base flood elevation, ~ ' � (i) existing grade elevations and all 'aanges in_qrade "~ resulting from excavation or filling; (ii) the direction of flow of surface drainage and flood . flows; //� 'x' ' (iii) the location mfall watercourses and drainage facilities; 00 the location and dimensions of all buildings and additions to the buildings; and (v) the elevation of the lowest floor (including basement) of all building subject to the requirements of Section 22.805 and 22.806 ' ' B. Upon receipt of an application for a Development Plan approval the Director of Community Development shall forward all - documents to the Village Engineer who shall compare the elevation of the site to the base flood elevation. Any development 8 SECTION 22.805 -Plan Approval and Permits (continued) located on land higher than the base flood elevation is not in the Special Flood Hazard Area, and therefore not subject to the requirements of this Ordinance. C. The Village Engineer shall inform the applicant of any and all other local, state, and federal permits that may be required for this type of development activity. The Development Plan ,approval will only be issued on the condition that the other specified permits are obtained. A Certificate of Occupancy shall not be issued unless all required permits have been obtained. 0 ~ SECTION 22.806 New Construction and Substantial Improvements Standards No person, firm or corporation shall commence any building in the Special Flood Hazard Area without first obtaining a building permit from the Superintendent of Building. ' All new construction and substantial improvements to buildings located in Special- Flood Hazard Areas shall be protected below the Flood Protection ' Elevation. These building protection requirements apply in the following situations: A. A' construct1un or placement of a new building valued at more than $1,000; B. improvements made to an existing building that either increases the first floor area by more than 20% or the value of the property by more than 50%' C_ reconstruction or repairs made to.a damaged building - that are valued at or more than 50% of -the value of the building before the damage occurred; and - O. installation of a mobile home on a new site or a new mobile home on an existing site. This building � protection requirement does not apply to returning a mobile home to the same site it formerly lawfully ' ` This building protection requirement may be met by any one of the following methods: ' A. A building may be constructed on permanent land fill in accordance with the following: ' M The area to be filled shall be cleared of all standing trees" brush, downed timer, trash, or ' other growth or objects unsuitable for use as foundation material. � SECTION 22-8O6 New- Construction and Substantial Improvements (continued) ' (ii) The fill shall be placed in layers no greater ?-foot deep before compaction. (iii) The surface of the fill shall be on or above the ------ Flood __Flood Protection Elevation. (iv) The fill shall be protected against erosion and scour during flnndixg`byveyetativecuyer°.!^i� rap or bulk - heading. If vegetative cover is used, the slopes shall not be steeper than 3 horizonta3 to 1 vertical' (v) The fill shall not adversely affect the f]mv of ~ surface drainage from or onto neighboring properties. (,vi) The Superintendent of Buildings shall maintain a ' record of the "as -built" elevation of the l '-e-st floor of the building. - B. A building may be elevated in accordance with the following: /.' (i) The building or improvements shall be elevated on stilts, piles, walls, crawl space or other foundation ' that is permanently open to flood waters and not subject to damage by hydrostatic pressures~ � 0i) The foundation -and supporting members shall be anchored, shaped and aligned so as to minimize exposure to known hydrodynamic forces such as current,waxes and floating debris. ^ (iii) All areas below the Flood Protection Elevation shall _ be constructed—of materials ]resistant _tO_flood damage. The bottom of the lowest floor including joists, if any, of the lowest floor and all utility meters shall be located at or above the Flood Protection Elevation. 11 SECTION -22.885 New, Construction and Substantial Improvements (continued ' °~ OV) The Superintendent of Buildings shall maintain a record of the "as -built" elevation of the lowest floor. ' (V) No area below the Flood Protection E]'enation shall be - used for storage of items or materials subject to flood damage unless such items or materials are declared "'Aropertynot covered" by a Standard Flood Insurance Policy of the National Flood Insurance Program. (vi) Any future alteration of the area below the Flood Protection Elevation that violates the requirements - � of this Section 22.806(B) shall he deerfied-a violation c- of this Ordinance. The Superintendent of Buildings - shall inform the applicant that any such alteFatimm is considered a willful act to increase flood damages and therefore�l� w cause covcrage by a Standard / Flood Insurance Policy to be suspended. (vii) No mobile home may be placed on a new site located within an identified flooway. ^ C. A non-residential building maybe f7oodproofed in accordance with the following. ' (i) 'A � ate of I]?inois Registered Structural Engineer shall certify ' that the building has been designed so that below the.Flood ` Protection Elevation, the structure and attendant utility ^ facilities are water -tight and capable of resisting the effects of the base flood. The building design shall take into account flood velocities, duration, rate of use, hydrostatic and hydrodynamic forces, the effects of buoyancy and impacts from debris or ice. 12 SECTION- -22.806 _Neer"Construction and Substantial- Improvements (continwe (ii) Floodproofing measures shall be operable without human intervention and without an outside source of electricity. (iii) The Superintendent of Buildings shall maintain the engineer's certificate and a record of the "as-built"- elevation to which the building was floodproofed. 13 m SECTION 22-807: Preventing Increased Damaq.es A. No development in the Special Flood Hazard Area (SFHA) shall create a damaging or potentially damaging increase in flood stage or velocity. (i) For development proposals located in an identified floodway or within a riverine Special Flood Hazard Area (SFHA)where the floodway has not yet been identified, the following shall apply: The Village Engineer shall review the development plans to discern if: (a) a new obstruction to flood flows would be created. (b) the project will involve a channel crossing such as a bridge or pipeline, or (c) the project will modify the shape of the channel. If any of these 'three, situations will result from the project, the applicant shall be required to obtain a permit from the Illinois Department of Transportation, Division of Water Resources, issued pursuant to 111. Rev. Stat., Ch. 19, Sec.70. The Director of Community Development shall not issue a development plan approval unless the applicant has obtained either a Section 70 permit or a "waiver of permit required* from the Division of Water Resources. (ii) For development proposals located in a flood fringe, "AO Zone" or "AH Zone" identified as such on a Special Flood Hazard Area (SFHA) map or in a lake front floodplain, ponding area, area of sheet flow, .or other Special Flood Hazard Area (SFHA) not subject to overbank flooding from an identified channel, the requirements of this Subsection 22.807.'(A) shall not apply. 14 ....... ... SECTION 22.807 Preventing Increased Damages (continued) B. No development in the Special Flood Hazard Area shall include locating or storing chemicals, explosives, buoyant materials; flammable liquids, pollutants or other hazardous or toxic materials below the Flood Protection Elevation unless such materials are stored in a Stora .9e tank or floodproofed building constructed according to the requirements of Section 22.806 (C) of this Ordinance C. New and replacement sanitary sewer lines and on-site waste disposal systems may be permitted. providing all manholes or other above ground openings located below the Flood Protection Elevation are watertight. 15 ...... . .... SECTION 22.808: Other Requirements The Board of Trustees for Village of Mount Prospect shall take into account flood hazards, to the extent they are known, in all official actions related to land management, use and development. A. The Board of Trustees of the Village of Mount Prospect shall not approve any annexation agreement or plat of subdivision located outside the corporate limits unless such agreement or plat is in accordance with the provisions of this Ordinance. The Village Engineer shall obtain the best available Special Flood Hazard Area maps and data for the unincorporated areas, and make such information available to the Superintendent of Buildings and Director of Community Development. B. New subdivisions, mobile home parks, planned unit developments,, new construction and substantial improvements shall meet the requirements of Section 22.805 and 22.806 of this Ordinance., Plats or plans for the above shall include a signed statement by a State of -Illinois Regi stered -Engineer- that. the plat and -plans account for changes in the drainage of surface waters in accordance with the Plat Act (111. Rev. Stat. 1979. Ch. log, Par. 2). - C. Plats or plans for new subdivisions, mobile home parks, Planned unit developments, new construction and substantial improvements shall display the following flood data: (i) The boundary of the Special Flood Hazard Area. (ii) The boundary of the floodway, if shown on the available Special Flood Hazard Area map; 16 SECTION 22.808 Other Requirements (continued) easements of lands dedicated to the Village of Mount Prospect for access for channel maintenance purposes; and (iv) the Flood Protection Elevation for each building site. Where the Base Flood Elevation is not available from an existing study filed with the Illinois State Water Survey, the applicant shall be responsible for calculating the Flood Protection Elevation and submitting it to the Illinois State Water Survey for review and approval as best avail- able elevation data. 0. Plans for the development activities to,be undertaken within the Village of Mount Prospect in the Special Flood Hazard Area (SFHA) shall be reviewed by the Ullage Engineer to. insure that'+i' they comply with this Ordinance. - Except 'as exempted by law, no other local government shall commence any development activity in the Special Flood Hazard Area without first obtaining a development plan approval and/or a building permit. E. The Department of Community Development should take the following into consideration when preparing or revising the.eomprehensive plan, community development program, housing assistance plan, and other land use or development programs: (i) preserving Special Flood Hazard Area land for open space uses such as agriculture-or.recreation. 17 SECTION 22.803_ _Dth& Reiu cements continued (ii) acquiring and removing frequently flooded buildings prohibiting hospitals, wastewater treatment plant, - natural gas storage and other critical or especially hazardous facilities from locating in the Special Flood Hazard Area; (iv) identifying the elevations of the Base Flood and past floods at entrances to public buildings, on street signs, or other prominent locations; and (v) other flood hazard mitigation or flood plain 1' management activities that could help accomplish the purposes of this Ordinance. 18 SECTION 22.809 -Variances That whenever the standards of this Ordinance place undue hardship on a specific development* proposal, the applicant may apply to the Zoning_ Board of Appeals for a variance. The Zoning Board of Appeals is to teview the applicatioh aft&r notice of- a public hearing has been published for a variance and submit its recommendation to the Village Board of Trustees. A. No variance is . to be granted unless the applicant demonstrates that: M Thh development activity cannot be located outside the specific flood hazard area. (ii) Asubstantial economic hardship would result if the variance is not granted; (iii) The relief requested is the minimum necessary; (iv) There will be no additional threat to public health or safety or creation of a nuisance;. (V) There will be no additional public expense for flood protection, rescue or relief operations policing, or repairs to roads, utilities, or other public utilities, or other public facilities; and (vi) The provision for obtaining all necessary permits of this Ordinance shall still be met. 19 SECTION--22.809 v Variancdsr continued B. The Director- Community Development shall notify the applicant-9n writing that a variance from the requirements for protecting__ buildings that-would lessen the degree of protection to a building will: (i) Result in increased premium rates for flood insurance up to amounts as high as $25 per $100 of insurance coverage; (ii) Increase the risks to life and property; and (iii) Require that the applicant proceed with the knowledge of these risks and that he will acknowledge in rl. writing the risk and liability. C. A variance from the requirements for protecting buildings may be granted to permit a "wet floodproofed" building, that is a building to be intentionally flooded during a flood, provided: (i) No part of such a building below the flood protection elevation may be subject to flood damage. (ii) The variance shall be conditional on the contents being: (a) Of materials resistant to flood damage; or 20 SECTION 22:80g-- Variances (continued) (b) items declared 'property not covered" by a Standard Flood Insurance Policy of the National Flood Insurance Program; or (c) readily moveable to a place of protection during a flood, provided there will be personnel available and adequate warning. (iii) Any future alteration of the area below the flood protection elevation that violates"the conditions of the variance shall be deemed a violation of -- this Ordinance. The Directof of -Community Development shall inform the applicant that any such alteration is considered a willful act to increase flood damages and therefore will cause coverage by a '77 Standard -Flood _Insurance Policy to be suspended. D. Variances requested in connection with restoration of a site or building documentd as worthy of preservation by the Illinois Department of Conservation or listed in the National Register of Historic Places may be granted using criteria more permissive than the requirements of citing the criteria and.hardship as contained in Section 22.809 (A). 21 SECTION 22. 810 Disclaimer -of Liabil it:f That the degree of flood protection required by this Ordinance is considered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of study. Larger floods may occur on rare occasions or the flood heights may be increased by man-made or natural causes. This Ordinance does not imply that development either inside or outside of areas designated as the floodplain will be free from flooding or damage. This Ordinance does not create liability on the I part of the Village of Mount Prospect or any officer of any employee thereof for any flood damage that results from reliance on this Ordinance or any administrative decision made lawfully thereunder. 22 SECTION 22.811 Penalty That any person who violates this Ordinance,and who fails to remedy and correct the subject property within 10 days after being so notified, shall be found in violation of this Ordinance. At such time, the Village of Mount Prospect may make application to the Circuit Court for an injunction requiring performance with this Ordinance or make such other order as the Court deems necessary to secure compliance with this Ordinance. Any person who violates this Ordinance shall, upon conviction thereof, be fined not less than twenty-five dollars ($25.00) not more than five hundred dollars ($500.00) -plus all costs and expenses involved in litigation. A separate offense shall be deemed committed upon each day dur'i-rfg or upon which a violation occurs or continues. Failure to comply with the requirements of a permit or conditions of a variance. resolution sball-be -dee-n6d a violatiQn of this Ordinance. I f Nothing hereinunder shall prevent the Village of Mount Prospect from taking such other lawful action so to prevent or remedy other violations. 23 ........ ... SECTION'- 22.812Separability - That the provisions and sections of this Ordinance shall be deemed separable, and that the invalidity of any portion of this Ordinance- shall rdinanceshall not affect the validity of the remainder. SECTION TWO: This Ordinance shall be in full force and effect upon its passage, approval and publication in accordance with law. PASSED THIS day of 1982. AYES: NAYS: ABSENT=— APPROVED THIS day of 1982. ATTEST: VILLAGE —CLEW - VILLAGE PRESIDENT 24