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HomeMy WebLinkAboutOrd 3767 04/08/1987ORDINANCE NO. 3767 AN ORDINANCE AMENDING ARTICLE VIII ENTITLED "FLOOD PLAIN REGULATIONS OF CHAPTER 22 OF THE VILLAGE CODE OF MOUNT PROSPECT PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES THai 8th DAY OF April , 1987. Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 9th day of April , 1987. ORDINANCE NO. 3767 AN ORDINANCE AMENDING ARTICLE VIII ENTITLED "FLOOD PLAIN REGULATIONS" OF CHAPTER 22 OF THE VILLAGE CODE OF MOUNT PROSPECT WHEREAS, the Village of Mount Prospect has adopted "Flood Plain Regulations", pursuant to the direction of the Federal Emergency Management Agency, as amended from time to time; and WHEREAS, the Federal Emergency Management Agency has directed that specific amendments be made to local "Flood Plain Regulations". NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That Article VIII entitled "Flood Plain Regulations" of Chapter 22 of the Village Code of Mount Prospect be and the same is hereby amended in its entirety; so that hereafter said Article VIII of Chapter 22 shall hereinafter read as follows: "ARTICLE VIII FLOOD PLAIN REGULATIONS SECTION: 22.801 22.802 22.803 22.804 22.805 22.806 22.807 22.808 22.809 22.810 22.811 22.812 Purpose Conflicting Laws Repealed Definitions Base Flood Elevation Plan Approval and Permits New Construction and Substantial Improvement Standards Preventing Increased Damages Other Requirements Variances Disclaimer of Liability Penalty Separability Sec. B. C. D. 22.801. Purpose. This Article, enacted pursuant to the police powers granted to the Village of Mount Prospect by Illinois Revised Statutes, Chapter 24, Section 11-30-2, is to accomplish the following purposes. To prevent unwise development from increasing the flood stage or drainage hazards to others; To protect human life and health from the hazards of flooding; To protect new buildings and major improvements to other buildings from flood damage; To lessen the burden on the taxpayer for flood control projects, repairs to flood-damaged public facilities nd utilities, and rescue and relief operations; E. To main property values and a stable tax base by minimizing the potential for creating flood-blighted areas; Flood Plain' 4/2/87 Page 2 of 14 TO make Federally subsidized flood insurance available for property in the Village of Mount Prospect; and Ge 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. Sec. 22.802. Conflicting Laws Repealed. The flood plain regulations of the Village, in effect prior to July 1, 1982, are hereby superceded by the provisions of this Article which shall be deemed to establish minimum standards required by the Village as flood control regulations. In case of conflicting requirements with other provisions of this Code, the more restrictive shall apply. Sec. 22.803. Definitions. For purposes of this Article, the following definitions are adopted: 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 s the 100-year flood. BASE FLOOD ELEVATION: That elevation of the crest of the base flood in relation to mean sea level datum. BUILDING: Any structure which is principally above ground and is enclosed by walls and a roof. The term includes a manufactured home or prefabricated building which is affixed to a permanent site and connected to the required utilities. The term also includes recreational vehicles and travel trailers to be installed on a site for more than one hundred eighty (180) days. DEVELOPMENT: Those manmade changes to unimproved or improved real estate, including: A. Construction, reconstruction or placement of a building or an addition valued at one thousand dollars ($1,000.00) or more to any existing building; B. Installation of a manufactured home or prefabricated home on a site, preparation of a site for a manufactured home or prefabricated home, or installing a travel trailer on a site more than 180 days; for C. Installing utilities or facilities, construction of roads, bridges or similar projects valued at more than one thousand dollars ($1,000.00); D. Construction or erection of levees, walls, fences, bridges or culverts; Flood Plain uLdinance 4/2/87 Page 3 of 14 FLOOD: FLOOD PROTECTION ELEVATION (FPE): FLOODWAY: LOWEST FLOOR: E. Filling, drilling, dredging, grading, excavating, mining or other non-agricultural alterations of the ground surface; F. Storage of materials; G. Any other activity that might change the direction, water stage or velocity of flood or surface waters. Development does not include: A. Maintenance of existing buildings and facilities such as reroofing or resurfacing roads; B. Gardening, plowing and similar agricultural practices that do not involve filling, grading or constructing levees. That general and temporary inundation of normally dry land areas from the overflow, the unusual and rapid accumulation or the runoff of surface waters from any source. That elevation of the base flood plus two feet (2') at any given location in the Special Flood Hazard Area (SFHA). That portion of the SFHA required to store and convey the base flood. The floodway for the SFHA's of Weller Creek, Mc Donald Creek, and Feehanville Ditch shall be as delineated on the Flood Boundary and Floodway Map prepared by the Federal Emergency Management Agency and dated August 2, 1982. The floodway for each of the remaining SFHA's of the Village shall be according to the best data available to the Illinois State Water Survey Floodplain Information Repository. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of the Article. Flood Plain Ordinance 4/2/87 Page 4 of 14 MANUFACTURED HOME: SPECIAL FLOOD HAZARD AREA (SFHA): SUBSTANTIAL IMPROVEMENT: That structure in one or more sections which is built on a permanent chassis and is designed to be used with or without a permanent foundation when connect to utilities. For purposes of this Article, it does not include park trailers, travel trailers, and other similar vehicles. Those land within the jurisdiction of the Village that are subject to inundation by the base flood. The special flood hazard areas refer to Zone "A" of the Village and are identified as such on maps on file with the Village as Flood Insurance Rate Maps dated August 2, 1982. Those repairs, reconstructions or improvements of a structure, which either increase the plan area of the building by twenty percent (20%) or the cost of which equals 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 1) any project for improvement of a structure to comply with existing State or local health, sanitary or safety code specifications which are soley necessary to assure safe living conditions, or 2) any alteration of a structure or site documented as deserving preservation by the Illinois Department of Conversation or listed in the National Register of Historic Places. Sec. 22.804. Base Flood Elevation. This Ordinance's protection standard is the base flood. The best available base flood data are listed below. Whenever a party disagrees with the best available data, the party may finance the detailed engineering study needed to replace existing data with better data and submit it to the State Water Survey and the Federal Emergency Management Agency. ae The base flood elevation of the SFHA's of Des Plaines River, Weller Creek, Mc Donald Creek and Feehanville Ditch shall be as delineated on the 100 year flood profiles in the Flood Insurance Study of the Village prepared by the Federal Emergency Management Agency and dated February 2, 1982. Be The base flood elevation for each SFHA delineated as an "AH Zone" or "AO Zone" shall be that elevation (or depth) delineated on the Flood Insurance Rate Map of the Village. C. The base flood elevation for each of the remaining SFHA's delineated as an unnumbered "A Zone" on the Flood Insurance Rate Flood PlainC~nance 4/2/87 page 5 of 14 Map of the Village shall be according to the best data available to the Illinois State Water Survey Floodplain Information Repository. When no base flood elevation exists, the base flood elevation shall be the 100 year flood depth calculated according to the formulas presented in Depth & Frequency of Floods in Illinois published by the U. S. Geological Survey, 1976. The base flood elevation for the SFHA's of those parts of unincorpo.rated Cook County that are within the extraterritorial jurisdiction of the Village or that may be annexed into the Village shall be as delineated on the 100 year profiles in the Flood Insurance Study of Cook County prepared by the Federal Emergency Management Agency and dated December 4, 1984. Sec. 22.805. Plan Approval and Permits. No person, firm or corporation shall commence any development in the special flood hazard areas without first obtaining development plan approval from the Director of Planning and Zoning. The Director of Planning and Zoning shall not issue development plan approval if the proposed development does not comply with the provisions of this Section. Application for a development plan approval shall be made on a form provided by the Director of Planning and Zoning. The application shall be accompanied by drawings of the site, drawn to scale, showing property line dimensions, monumentation (property pins or concrete markers at lot corners) and an indication of those parts of the site that are below the base flood elevation. Existing grade elevations and all changes in grade resulting from excavation or filling: 2. The direction of flow of surface drainage and flood flows: 3. The location of all watercourses and drainage facilities; The location and dimensions of all buildings and additions to the buildings; and The elevation of the lowest floor (including basement) of all buildings subject to the requirements of Sections 22.805 and 22.806. Upon receipt of an application for a development plan approval, the Director of Planning and Zoning shall forward all documents to the Village Engineer who shall compare the elevation of the site to the base blood elevation. Any development located on lane that can be shown to have been higher than the base flood elevation as of August 2, 1982, is not located in the SFHA and Flood Plain u£dlnance 4/2/87 Page 6 of 14 Ce therefore not subject to the requirements of this Section. The Village Engineer shall maintain documentation of the existing ground elevation at the development site and certification that this ground elevation existed prior to August 2, 1982. 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. Sec. 22.806. New Construction and Substantial Improvement Standards. No person, firm, or corporation shall commence any building in the special flood hazard areas without first obtaining a building permit from the Director of Code Enforcement. Ail 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: ae Construction or placement of a new building valued at more than one thousand dollars ($1,000.00); Be Improvements made to an existing building that either increases the first floor area by more than twenty percent (20%) or the value of the property by more than fifty percent (50%); Ce Reconstruction or repairs made to a damaged building that are valued at or more than fifty percent (50%) of the value of the building before the damage occurred; De Installation of a manufactured home on a new site or a new manufactured home on an existing site. This building protection requirement does not apply to returning a manufactured home to the same site it formerly lawfully occupied before it was removed to avoid flood damage; and E. Installing a travel trailer on a site for more than 180 days. These building protection requirements may be met by any one of the following methods: ae A building may be constructed on permanent land fill in accordance with the following: The area to be filled shall be cleared of all standing trees, brush, downed timber, trash or other growth or objects unsuitable for use as foundation material. Flood Plain u_~inance 4/2/87 Page 7 of 14 e The fill shall be placed in layers no greater than one foot (1') deep before compaction. e The surface of the fill shall be on or above the flood protection elevation, and the lowest floor, including basement, shall be at or above the flood protection elevation. The fill shall be protected against erosion and scour during flooding by vegetative cover, rip rap or bulk-heading. If vegetative cover is used, the slopes shall not be steeper than three (3) horizontal to one (1) vertical. The fill shall not adversely affect the flow of surface drainage from or onto neighboring properties. The Director of Code Enforcement shall maintain a record of the "as-built" elevation of the lowest floor of the building. A building may be elevated in accordance with the following: The building or improvements shall be elevated on stilts, piles, walls, crawl space or other foundation provided: the walls have permanent openings no more than one foot (1') above grade; and the walls and floor are not subject to damage by hydrostatic pressures associated with the base flood. The foundation and supporting members shall be anchored, shaped and aligned so as to minimize exposure to known hydrodynamic forces such as current, waves and floating debris. Ail areas below the flood protection elevation shall be constructed of materials resistant to flood damage. The lowest floor (including basement), and all electrical, heating, ventilating, plumbing, and air conditioning equipment and utility meters shall be located at or above the FPE. Water and sewer pipes, electrical and telephone lines, submersible pumps and other waterproofed serviced facilities may be located below the FPE. J The Director of Code Enforcement shall maintain a record of the "as-built" elevation of the lowest floor. For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for Flood Plain ~r~ihance 4/2/87 Page 8 of 14 D the entry and exist of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot (1') above grade. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. Any future alteration of the area below the flood protection elevation that violates the requirements of this Section 22.806.B shall be deemed a violation of this Article. The Director of Code Enforcement shall inform the applicant that any such alteration is considered a wilful act to increase flood damages and therefore will cause coverage by a standard flood insurance policy to be suspended. Manufactured homes and travel trailers to be installed on a site for more than 180 days shall be: elevated at or above the FPE in accordance with Section 22.806.A or 22.806.B; and anchored to resist flotation, collapse, or lateral movement by being tied-down in accordance with the Rules and Regulations for the Illinois Mobile Home Tie-Down Act issued pursuant to the Illinois Revised Statutes, Chapter 111-1/2, Sections 4401-4406. A non-residential building may be floodproofed in accordance with the following: A State of Illinois registered structural engineer shall certify that the building has been designed and constructed 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. Floodproofing measures shall be operable without human intervention and without an outside source of electricity. The Director of Code Enforcement shall retain the engineer's certificate and a record of the "as-built" elevation to which the building was floodproofed. Flood Plain ~dinance 4/2/87 Page 9 of 14 Sec. 22.807. Preventing Increased Damages. No development in the SFHA shall create a damaging or potentially damaging increase in flood heights or velocity or threat to public health and safety. Within the floodway identified on the Flood Boundary and Floodway Map, the following standards shall apply: Except as provided in Section 22.807.A.2., no development shall be allowed which acting in combination with existing or future similar works, will cause any increase in the base flood elevation. The specific development activities identified in Section 22.807.B.2 shall be considered as meeting this requirement. No increase in the base flood elevation may be permitted unless: a) the total cumulative effect on the proposed development, when combined with all other existing and anticipated development, will not increase the base flood elevation more than one foot (1') for the affected hydraulic reach of the stream and will not increase flood damages or potential flood damages; b) a permit has been issued by the Illinois Department of Transportation, Division of Water Resources as required in Section 22.807.B.1; and c) for all projects involving channel modifications or fill (included levees), the Village shall submit sufficient data to the Federal Emergency Management Agency to revise the regulatory flood data. Within all other riverine SFHAs the following standards shall apply: 1. In addition to the other requirements of this ordinance, a development permit for a site located in a floodway (or in a riverine SFHA where no floodway has been identified) shall not be issued unless the applicant first obtains a permit or written documentation that a permit is not required from the Illinois Department of Transportation, Division of Water Resources, issued pursuant to Illinois Revised Statutes, Chapter 19, Section 52 et. seq. 2. The following activities may be constructed without the individual permit required in subsection 22.807.B.1 in accordance with Statewide Permits issued by the Illinois Department of Transportation, Division of Water Resources, provided the activities do not involve placement of fill, change of grade, or construction in the normal channel. Such activities must still meet the other requirements of this Ordinance. Flood Plain ~_dinance 4/2/87 Page 10 of 14 a. the construction of wells, septic tanks, and underground utility lines not crossing a lake or stream; b. the construction of light poles, sign posts and similar structures; c. the construction of sidewalks, fields (excluding fences), patios which are built at grade; driveways, athletic and similar surfaces d. the construction of properly anchored, unwalled, open structures such as playground equipment, pavilions, and carports; e. the placement of properly anchored buildings not exceeding seventy (70) square feet in size, nor ten (10) feet in any dimension (e.g. animal shelter and tool sheds); and f. the construction of additions to existing buildings which do not increase the first floor area by more than twenty percent (20%), which are located on the upstream or downstream side of the existing building, and which do not extend beyond the sides of the existing building that are parallel to the flow of flood water. 3. The total cumulative effect of the proposed development when combined with all other existing and anticipated development, will not increase the base flood elevation more than 1.0 foot for the affected hydraulic reach of the stream and will not increase flood damage or potential flood damage. C. Public Health standards in all SFHAs. Sec. 1. No development in the SFHA shall include locating or storing chemicals, explosives, bouyant materials, flammable liquids, pollutants, or other hazardous or toxic materials below the FPE unless such materials are stored in a storage tank or floodproofed building constructed according to the requirements of subsection 22.806.D. of this Article. 2. 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 FPE are watertight. 22.808. Other Requirements. The Village Board of Trustees shall take into account flood hazards, to the extent they are known, in all official Flood Plain ~.~inance 4/2/87 Page 11 of 14 ae Et actions related to land management, use and development. The Board of Trustees 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 Article. 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 Director of Code Enforcement and the Director of Planning and Zoning. New subdivisions, manufactured home parks, planned unit developments, new construction and substantial improvements shall meet the requirements of Section 22.805 and 22.806 of this Article. Plats or plans for the above shall include a signed statement by the State of Illinois registered engineer that the plat and plans account for changes in the drainage of surfaces waters in accordance with the Plat Act (S.~.A. ch. 109, §2.). Plats or plans for new subdivisions, manufactured home parks, planned unit developments, new construction and substantial improvements in a special flood hazard area shall display the following data: 1. The boundary of the special flood hazard area; 2. The boundary of the floodway, if shown on the available special flood hazard area map; 3. Easements of lands dedicated to the Village for access for channel maintenance purposes; and 4. 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 the floodway delineation submitting it to the Illinois State Water Survey for review and approval as best available elevation data. Plans for the development activities to be undertaken within the Village in the special flood hazard area (SFHA) shall be reviewed by the Village Engineer to insure that they comply with this Article. 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. The Department of Planning & Zoning shall take the following into consideration when preparing or revising the Comprehensive Plan, community development program, housing assistance plan and other land use or development programs: Flood Plain urdinance 4/2/87 Page 12 of 14 1. Preserving special flood hazard area land for open space uses such as agriculture or recreation. 2. Acquiring and removing frequently flooded buildings; 3. Prohibiting hospitals, wastewater treatment plant, natural gas storage and other critical or especially hazardous facilities from locating in the special flood hazard area; 4. Identifying the elevations of the base flood and past floods at entrances to public buildings, on street signs or other prominent locations; and 5. Other flood hazard mitigation or flood plain management activities that could help accomplish the purposes of this Article. Sec. 22.809. Variances. Whenever the standards of this Article place undue hardship on a specific development proposal, the applicant may apply to the Village for a variance. The Zoning Board of Appeals shall review the application, publish notice of a public hearing thereon, conduct the hearing and submit its recommendations to the Village Board of Trustees. No variance is to be granted unless the applicant demonstrates that: 1. The development activity cannot be located outside the specific flood hazard area; 2. A substantial economic hardship would result if the variance is not granted; 3. The relief requested is the minimum necessary; 4. There will be no additional threat to public health or safety or creation of a nuisance; 5. There will be no additional public expense for flood protection, rescue or relief operations policing, or repairs to roads, utilities or other public utilities; 6. The provisions of Section 22.805.C and 22.807 of this Article are met. The Director of Planning and Zoning shall notify the applicant in writing that a variance from the requirements for protecting buildings that would lessen the degree of protection to a building will: Flood Plain Ozdinance 4/2/87 Page 13 of 14 1. Result in increased premium rates for flood insurance up to amounts as high as twenty five dollars per one hundred dollars ($25/$100) of insurance coverage; 2. Increase the risks to life and property; and 3. Require that the applicant proceed with the knowledge of these risks and that he will acknowledge in writing the risk and liability. Variances requested in connection with restoration of a site or building documented 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 that the requirements of Section 22.809.A. (Ord 3235, 7-6-82) Sec. 22.810. Disclaimer of Liability. The degree of flood protection required by this Article is considered resonable 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 manmade or natural causes. This Article does not imply that the development either inside or outside of areas designated as the floodplain will be free from flooding or damage, and it 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 Article or any administrative decision made lawfully thereunder. (Ord. 3235, 7-6-82) Sec. 22.811. Penalty. Any person who violates any provision of this Article, and who fails to remedy and correct the subject violation within ten (10) days after being so notified, shall be found in violation of this Article, and at such time the village may make application to the Circuit Court of Cook County for an injunction requiring conformance with this Article or for such other order as the Court deems necessary to secure compliance with this Article. Any person who violates this Article shall, upon conviction thereof, be fined not less than twenty five dollars ($25.00) nor 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 during or upon which a violation occurs or continues. Failure to comply with the requirements of a permit or conditions of a variance issued herein shall be deemed a violation of this Article. lood Plain Ordinance 4/2/87 Page 14 of 14 Nothing hereunder shall prevent the Village from taking such other lawful action so to prevent or remedy such violations. Sec. 22.812. Separability. The provisions and sections of this Article shall be deemed to be separable, and the invalidity of any portion of this Article shall not affect the validity of the remainder thereof." SECTION TWO: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES:Arthur, Farley, Floros, Murauskis, Van Ge~m, Wattenberg NAYS: None ABSENT: None PASSED and APPROVED this 8th day of April , 1987. ATTEST: Carol A. Fields Village Clerk CarolynTH. Krause Village President