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HomeMy WebLinkAboutOrd 3235 07/06/1982 RDINANCE NO. 3235 AN ORDINANCE TO AMEND CHAPTER 22 ENTITLED ,~WATER, SEWER ~/qD FLOOD PLJtIN REGULATIONS" OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS PASSED AND kDPROVED BY %~HE PRESIDENT AND BOARD OF TRUS'i'r2~S THE __6th DA~ OF July , 1982 Published in tmmn~ohlet form by authority of the co ~rloorate authorities of tJ]e village of ~ount Prospect, Illinois the 7th da~v of July , A.D. 1982. ORDINANCE NO. 3235 AN ORDINANCE TO AMEND CltAPTER 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; Ao By deleting Article VIII thereof, entitled "Flood Plain Regulations", in its entirety, and substituting therefore a new Article VIII entitled "Flood Plain Regulations" to read: ARTICLE VIII FLOpD 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SECTION: 22.801 22.802 22.803 22.804 22.805 22.806 22.807 22.808 22.809 22.810 22.811 22.812 Purpose Conflicting Laws Repealed Definitions Official Flood Plain Maps and Profiles Plan Approval and Permits New Construction and Substantial Improvement Standards Preventing ~ncreased Damages Other Requirements Variances Disclaimer of Liability Penalty Separability ! \ ECTION 22.80~ 'PUrpose This Article enacted pursuant to the police powers granted to the Village of Mount Prospect by Ill. Rev. 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 bui. ldings and major improvements to other buildings from flood damage; D. To lessen the burden on the taxpayer for flood control 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 ~s especially sensitive to changes from human activity.. 2 SECTION 22.802 Conflictin9 Laws Repealed The Flood Plain Regulations of the Village of Iqount Prospect in effect prior to July 1, 1982 are heweby superceded by the provisions of this Article which shall be deemed to establish minimum standards required by the Village of · Mount Prospect as flood control regulations. In case of conflicting require- ment~ with other provisions of this Code the more restrictive shall apply. ECTION 22.803 Definitions For purposes of this Article, 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 lO0-year flood. B. Base Flood Elevation - That elevation of the crest of the base flood in relation to mean sea level datum. C. Building - Any structure which is principally above ground and is enclosed by walls and a roof. The term includes a mobile home or prefabricated building which is affixed to a permanent site and connected to the required utilities. The term does not include recreational vehicles or travel trailers. D. Development - Those man-made changes to unimproved or improved real estate, including : (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 $~,000, (iv) Construction or erection of levees, walls or fences; (v) Filling, drilling, dredging, grading, excavating, mining, or other non agricultural altera.tions of the ground surface; 4 ECTION 22.803 Definitions(continued) (vi) Storage of materials; or [vii) A~.y other activity that might change the direction, water stage or velocity of flood or surface waters. Development does not include: (i) 14aintenance of existing buildings and facilities such as reroofin9 or resurfacing roads; (ii) Repairs made to a damaged, buildin9 that do not change the building's exterior dimensions and that are valued at less than 50% of the value ~ of ~he buildings before the damage 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) Fc~iuired to store and loo:~. If not prohibited, convey the base = ' or placing obstructions in a flood.Nay will damages to other properties. building increase flood 5 ECTION G. 22.803 Definitions(continued) Flood Protection Elevation (FPE~ - That elevation of the base flood plus two feet at any given location in the Special Flood Hazard Area (SFHA). Special Flood Hazard Area (SFHA) - Those lands within the jurisdiction of the Village of lqount Prospect that are subject to innundation 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 August 2, 1982.. Mobile Home - 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 connected to utilities. For purposes of this Article, it does not include recreational vehicles or travel trailers. Substantial Improvement - Those repairs, reconstructions or improvements of a structure, which either increase the plan area of the building by 20%, or 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- merit of a structure to cc::~ply wi%h existing state or local health, sanitary or safety code specificiations which are solely necessary to assure safe living conditions, or (b) any alteration of a structure or site documented as deserving preservation by the Illinois Department of [onservation or listed in the ~;ational Register of Historic Places. 6 SECTION 22.804 Official Flood Plain Maps and Profiles The "OFFICIAL FLOOD PLAIN MAPS AND PROFILES" of the Village of Mount Prospect adopted and in use from time to time shall utilize the best and most current flood plain map, profiles and elevations data, and a periodic review for flood hazards based on the lO0-year flood as established by the most recent and best available data. If the lO0-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 Insurance 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 lO0-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 tho~of the flood-of-~ecord. Flood Hazard Areas in the Village shall be clearly delineated on the Official Flood Plain Maps as Zone A. ECTION 22.805 Plan Approval and Permits No person, firm or corporation shall co~ence any development in the Special Flood Nazard 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 not' comply with the provisions of this Section. 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, momumentation and to those parts of the site that are below the base flood elevation, {i) e~istin9 grade elevations and all changes in ~rade resulting from excavation or filling; (ii) the direction of flow of surface drainage and flood (iii) the location of all watercourses and drainage facilities; (iv) 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 Upon receipt of an application for a development plan approval the Director of Community ~evelopment shall forward all documents to the Village Engineer who shall compare the elevation of the site to the base flood elevation. Any development 8 ECTION 22.805 Plan Approval and Permits (continued) located on land higher than the base flood elevation shall not be considered as a Special Flood Mazard, and therefore, shall not be subject to the requirements of this Article. 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 ~ermits have been obtained. 9 ECTION 22.806 New Construction and Substantial Improvements Standards ~o person, firm or corporation shall commence any building in the Special Fleod Hazard Area without first obtaining a building permit from the Superintendent of Buildin§s. All Qew construction and substantial improvements to buildings located in Special Elevation. situations: A. Flood Hazard Areas shall be protected below the Flood Protection These building protection requirements apply in the following construction or placement of a new building valued at more than $~,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 buildinQ before the damage occurred; and D. 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 occupied. These building protection requirements 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: (i) The area to be filled shall be cleared of all standing trees, brush, do~.:ned timber, trash, or other growth or objects unsuitable for use as foundation material. lO ECTION (ii) The fill shall be placed in layers no greater 1-foot deep before compaction. (iii) The surface of the fill shall be on or above the ._ Flood Protection Elevation. (iv) The fill shall be protected a~ainst erosion and scour durin§ flooding by vegetative cover, rip rap or bulk- heading. If vegetative cover is used, the slopes shall not be steeper than 3 horizontal to 1 vertical. (v) The fill shall not adversely affect the flow of surface drainage from or onto neighboring properties. (vi) The Superintendent of Buildings shall maintain a record of the "as-built" elevation of the lowest floor of the building. B. A building may be elevated in accordance with the foil.owing: ~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. (ii) The foundation and supporting members shall be anchored, shaped and ali?ed so as to minimize exposure to known hydrodynamic forces such as curren~waves and floating debris. Ciii) All areas below the Flood ?rotection Elevation shall be constructed of mate~-~als resistant to flood damage. The bottom of the lo~.~est floor including joists, if any, of the lowest floor and all utility meters shall be located at or above the Flood Protection Elevation. New'Construction and Substantial Improvements (continued} 11 ECTION -22.805 .NeW Construction and Substantial Improvements (continued) (v) (v{) (vii) A non-residential building may be floodproofed in the following. The Superintendent of Buildings shall maintain a record of the "as-built" elevation of the lowest floor. No area below the Flood Protection Elevation shall be. used for storage of items or materials subject to flood damage unless such items or materials are declared "property not covered" by a Standard Flood Insurance Policy of the National Flood Insurance Program. Any future alteration of the area below the Flood Protection Elevation that violates the requirements of this Section 22.806(~) shall be dee~ed a violation of this Article. The Superintendent of Buildings shall inform the applicant that any such alt~Fation is considered a willful act to increase flood damages and therefore will cause coverage by a Standard Flood Insurance Policy to be suspended. No mobile home may be placed on a new site located within an identified floodway. accordance with 'A ~tate of Illinois Registered Struttural 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 flo~J velocities, duration, rate of use, hydrostatic and hydFodynamic forces, the effects of buoyancy and impacts from debFis or ice. 32 E£TION .22.806-..~;~]-COn~truction and Substantial Improvements (continued} (ii) Floodproofing measures shall be operable without human intervention and without an outside source of electricity. (iii) The Superintendent of Buildings shall retain the engineer's certificate and a record of the "as-built" elevation to which the building was floodproofed. ECTION 22.807: P~reventin~ Increased Damages At. 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 brid§e 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 ~ater Resources, issued pursuant to Ill. Rev. Stat., Ch. 19, Sec.70. The Director of £o,,~unity 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. 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 S;~ecial Flood Hazard Area (SFHA) not subject to overbank flooding from an identified channel, the requirements of this Subsection 22.807'(A) shall not applY. (ii) 14 ECTI ON 22.807 : Preventing Increased Dama§es lcontinued) B. No development in the Special Flood Hazard Area shall include locatin9 or storing chemicals, explosives, buoyant materials,- fla~able liquids, pollutants or other hazardous or toxic materials below the Flood Protection Elevation unless such materials are stored in a storage tank or floodproofed building constructed according to the requirements of Section2~.SO6 (C) of this ArI~cle.. C. t~ew and replacement sanitary sewer lines and on-site waste disposal systems may be permitted, providin~ all manholes or other ._. above ground openings located below the Flood Protection Elevation ~e watertight. t5¸ ECTION 22.808: Other Requirements The Board of Trustees for Village of ~ount 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 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 Superintendent of Buildings and Director of Community Development. B. New subdivisions, mobile home parks, planned unit developments, new construction and substastiat 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 a State'of Illinois. Registered Engineer that the plat and plans account for changes in the drainage of surface waters in accordance with the Plat Act (Chapter"lO9, paragraph'2, Illinois Revised Statutes.) C. Plats or plans for new subdivisions, mobile home parks, planned unit developments, new construction and substantial improvements in a Special Flood Hazard Area shall display the following flood data: -(i) The boundary of the Special Flood Hazard Area. ii) The boundary of the flood~.~ay, if shown on the available Special Flood Hazard Area map; 16 ECTION 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. Plans for the development activities to be undertaken within the ¥illage of Mount Prospect in the Special Flood Hazard Area(SFHA) shall be reviewed by the ~il]ag? 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/pr a building permit. ', The Department of Co.unity Development shall take the followin§ into consideration when preparipg or revising the domprehensive plan, co,$~nunity development program, housing assistance plan, and other land use or development programs: (i) preserving Special Flc, od Hazard Area land for open space uses such as agriculture or.recreation. Eo ECTION 'Other Requirements(continued) (ii) acquiring and removing freguently flooded buildings (iii) prohibiting hospitals, wastewater treatment 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 management activities that could help accomplish the purposes of this Article. 18 ECTION 22.80~ Yariances 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 o% Appeals shall review the applicati6n,. publish-~not~ce.of a public hearing thereon, ~6nduct the hearing~and submit its recommendation to the Village Board of Trustees. No variance is to be granted unless the applicant demonstrates that: (i)"Th~ development activity cannot be located outside the specific flood hazard area. (ii) A. substantial 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 Hill 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 i}~is Article shall still be met. 19 ECTIONi~.809: Variances (continued) Director' Of Community Development shall notify the applicant in writing that a variance from the requirements for protecting __ buildings that-would lessen t~e 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 ~ prgperty; and (iii) Require that the applicant proceed -- with the knowled§e of these risks 'and that he will acknowledge in writing the risk and liability. A variance from the requirements for protecting buildings may be granted to permit a "wet floodproofed" buildin§, that is a building to be intentionally flooded during a flood, provided: (i) ~;D part of such a building below the flood protection elevation may be subject to flood damage. (ii) The variance shall be ~.onditional on the contents being: (a) Sf materials resistant to flood damage; or ECTION 22~809 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. future alteration of the area below the flood protection elevation that violates the conditions of the variance shall be deemed a violation of this Article._ The Difectoe of Community Development shall inform the applicant that any such alteration is considered a willful act to increase flood f- damages and therefore will cause coverage by a Standard Flood Insurance Policy to be suspended.. ~_ (iii) Any L 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 §ranted using criteria more permissive than the requirements of Section'2~.809 (A). '- 21 ECTION 22. 810 Disclaimer of Liabilit_z The degree of flood protection required by this A~ticle: is considered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of studys Larger floods may occur on rare occasions or the flood hei§hts may be increased by man-made or natural causes. This Article does not imply that 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 mart 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. ECTION 22.811 Penalty Any person who violates any provision of this Article, and who fails to remedy and correct the subject violation within 10 days afte[ being so notified, shall be found in violation of this Article, and at such time, the Village of Mount Prospect 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 Nothing hereinunder shall prevent the Village of Mount Prospect from taking such other lawful action so to prevent or remedy such violations. 23 CTION 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: This Ordinance shall be in full force and effect upon its passa§e, approval and publication in accordance with law. PASSED THIS~th day of July ,1982. AYES: Farley Floros Miller Wattenberg NAYS: None ABSENT: Arthur Murauskis APPROVED THIS 6thday of July , 1982. VILLAGE/PRESIDENT ATT E ST: VILLAGE CLERK 24