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HomeMy WebLinkAboutG14-92 rik Ordinance No. G14-92 AN ORDINANCE ADOPTING TITLE 21 OF THE ELGIN MUNICIPAL CODE ENTITLED "FLOOD HAZARD AREAS" AND AMENDING TITLES 16, 18, AND 19 OF THE ELGIN MUNICIPAL CODE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, as follows: Section 1 . This Ordinance is enacted pursuant to the police powers granted to this City by Illinois Revised Statutes, Chapter 24, Section 1-2-1, 11-12-12, 11-30-8, and 11-30-2 . This ordinance is intended to meet the requirements of Chapter 19, paragraph 65(g) of the Illinois Revised Statutes, An Act in Relation to the Regulation of the Rivers, Lakes and Streams of the State of Illinois, approved June 10, 1911, as amended. Section 2 . The Elgin Municipal Code, 1976, as amended be and is further amended by deleting Section 18 . 08 . 012 from Chapter 18 . 08 of Title 18 . Section 3 . The Elgin Municipal Code, 1976, as amended be emk and is further amended by deleting Section 18. 08. 100 from Chapter 18. 08 of Title 18. Section 4 . The Elgin Municipal Code, 1976, as amended be and is further amended by deleting Section 18 . 08 . 110 from Chapter 18 .08 of Title 18 . Section 5 . The Elgin Municipal Code, 1976, as amended be and is further amended by deleting Section 18 .08 . 120 from Chapter 18. 08 of Title 18 . Section 6 . The Elgin Municipal Code, 1976, as amended be and is further amended by deleting Section 18 . 08 .262 from Chapter 18 . 08 of Title 18 . Section 7 . The Elgin Municipal Code, 1976, as amended be and is further amended by revising Section 18 . 36 . 010(A)to read as follows : A. This chapter supplements Titles 16, 19 and 21 of this code and the requirements contained in this chapter are in addition to the requirements of such regulation. r Section 8 . The Elgin Municipal Code, 1976 as amended be and is further amended by deleting Section 18 . 36 . 010(B) (4 ) from Chapter 18 . 36 of Title 18 . Section 9 . The Elgin Municipal Code, 1976, as amended be and is further amended by deleting Section 18 . 36 . 030 from Chapter 18 . 36 of Title 18 . Section 10 . The Elgin Municipal Code, 1976, as amended be and is further amended by deleting Section 18 . 36 . 050(F) from Chapter 18. 36 of Title 18. Section 11 . The Elgin Municipal Code, 1976, as amended be and is further amended by deleting Section 18 . 36 . 050(G) from Chapter 18 . 36 of Title 18 . Section 12 . The Elgin Municipal Code, 1976, as amended be and is further amended by deleting Section 18. 36 . 060 from Chapter 18. 36 of Title 18. Section 13 . The Elgin Municipal Code, 1976, as amended be and is further amended by deleting Section 18 . 36 . 070 from Chapter 18 . 36 of Title 18 . Section 14 . The Elgin Municipal Code, 1976, as amended be rft and is further amended by adding Section 16 . 04 . 015 entitled "Applicability of Provisions" to Title 16 as follows : 16 . 04 . 015 Applicability of Provisions The provisions of this Title supplement Titles 18, 19 and 21 of this code and the requirements contained in this title are in addition to the requirements of such regulations . Section 15 . The Elgin Municipal Code, 1976 as amended be and is further amended by adding Section 19 . 02 . 030 entitled "Applicability of Provisions" to Chapter 19 . 02 of Title 19 as follows: 19 . 02 .030 Applicability of Provisions This title supplements Titles 16, 18 and 21 of this code and the requirements contained in this title are in addition to the requirements of such regulations . Section 16 . The Elgin Municipal Code., 1976, as amended, be and is further amended by adding the provisions of Title 21 entitled "Flood Hazard Area" as follows : r 2 "Title 21 Flood Hazard Area CHAPTER 21 . 01 GENERAL REGULATIONS 21 . 01 . 010 Purpose and Intent. The ordinance codified in this title is adopted for the purpose of promoting the public health, welfare and safety, including, but not limited to the following: A. To assure that new development does not increase the flood or drainage hazards to others, or creating unstable conditions susceptible to erosion; B. To protect new buildings and major improvements to buildings from flood damage; C. The provisions of this Title are not intended to repeal, abrogate or impair any existing easements, covenants, or deed restrictions . Where this Ordinance and other ordinance, easements, covenants, or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail . This Ordinance is intended to repeal the original ordinance or resolution which was adopted to meet the National Flood Insurance Program Regulations, but is not intended to repeal the resolution which the City passed in order to establish initial eligibility for the program. D. The provisions of this Title shall be deemed separable and the invalidity of any portion of this Ordinance shall not affect the validity of the remainder. E . To lessen the burden on the taxpayer for flood control projects, repairs to flood-damaged public facilities and utilities, and flood rescue and relief operations; and F. To make federally subsidized flood insurance available for property in the City by fulfilling the requirements of the National Flood Insurance Program. 3 G. To comply with the rules and regulations of the National Flood Insurance Program codified as 44 CFR 59-79, as amended. 21 . 01 . 020 Applicability of Provisions A. The contents of this Title supplement Titles 16, 18 and 19 of this code and the requirements contained in this chapter are in addition to the requirements of such regulations . B. The provisions of this Title regulate and restrict the following: 1 . The subdivision, layout, development and improvement of land, including drainage, underground utilities, and service facilities; 2 . The excavating, filling and grading of lots, other parcels and areas subject to flooding; the storing of certain materials thereon; stream and other stormwater runoff channels; and detention areas; 3 . The location, construction, reconstruction repair, renovations and elevation of buildings and other structures and parts and appurtenances thereof, and the drainage of parking and other paved lots or areas; 4 . The location and extent of areas along streams and water channels which are subject to inundation and commonly known as special flood hazard areas . 21 . 01 . 030 Administration The Public Works Director shall be responsible for the administration and enforcement of the provisions of this title. The powers and duties of the director include, but are not limited to, the following: A. The Director may adopt rules and regulations governing the applications of these provisions, provided such rules shall not conflict with any City ordinance, or any state or federal law or regulation. B. Review and direct modification for any development as set forth in this title. Ork 4 C. Establish procedures for application and review of permit requests under this title. D. Insure that all required federal, state and local permits governing development within a floodplain have been obtained. E. Dam Safety Requirements. Ensure that an Illinois Department of Transportation, Division of Water Resources Dam Safety permit has been issued or a letter indicating no Dam Safety permit is required, if the proposed development activity includes construction of a dam as defined in Section 21 . 02 . 100 . Regulated dams may include weirs, restrictive culverts or impoundment structures . F. Plan Review and Permit Issuance. Ensure that all development activities within the SFHAs of the jurisdiction of the city meet the requirements of this ordinance and issue a flood plain development permit in accordance with the provisions of this ordinance and other regulations of this community when the development meets the conditions of this ordinance. G. Inspection Review. Inspect all development projects before, during and after construction to assure proper elevation of the structure and to ensure they comply with the provisions of this ordinance. H. Elevation and Floodproofing Certificates . Maintain in the permit files an Elevation Certificate certifying the elevation of the lowest floor (including basement) of a residential or non-residential building or the elevation to which a non-residential building has been floodproofed, using a Floodproofing Certificate, for all buildings subject to Chapter 21 . 07 of this ordinance for public inspection and provide copies of same. I . Records for Public Inspection. Maintain for public inspection and furnish upon request base flood data, SFHA and regulatory floodway maps, copies of federal or state permit documents, variance documentation, Conditional Letter of Map Revision, Letter of Map Revision, Letter of Map Amendment and "as built" elevation and floodproofing or elevation and floodproofing certificates for all buildings constructed subject to this ordinance. rft- 5 J. State Permits . Ensure that construction authorization has been granted by the Illinois Division of Water Resources, for all development projects subject to Chapters 21 . 05 and 21 . 06 of this ordinance, unless enforcement responsibility has been delegated to the city. Upon acceptance of this ordinance by DWR and FEMA, responsibility is hereby delegated to the city as per 9, Ill .Adm. Code 708 for construction in the regulatory floodway and flood plain when floodways have not been defined in Chapter 21 . 05 and 21 . 06 of this ordinance. However, the following review approvals are not delegated to the city and shall require review or permits from DWR: a. Organizations which are exempt from this ordinance, as per the Illinois Revised Statutes; b. Department of Transportation projects, dams or impoundment structures as defined in Section 21 . 02 . 100 and all other state, federal or local unit of government projects, including projects of the city and county, except for those projects meeting the requirements of Section 21 . 05 . 100; c. An engineer' s determination that an existing bridge or culvert crossing is not a source of flood damage and the analysis indicating the proposed flood profile, per Section 21 . 05 . 060(e) ; d. An engineer' s analysis of the flood profile due to Section 21 . 05 . 060(d) ; e. Alternative transition sections and hydraulically equivalent compensatory storage as indicated in Sections 21 .05 . 060(a) , (b) and (h) ; f. Permit issuance of structures within or over publicly navigable rivers, lakes and streams; g. Any changes in the Base Flood Elevation or floodway locations; and h. Base Flood Elevation determinations where none now exist. r 6 K. Cooperation with Other Agencies . Cooperate with state and federal flood plain management agencies to improve base flood or 100-year frequency flood and floodway data and to improve the administration of this ordinance. Submit data to DWR and the Federal Emergency Management Agency for proposed revisions of a regulatory map. Submit reports as required for the National Flood Insurance Program. Notify the Federal Emergency Management Agency of any proposed amendments to this ordinance. 21 . 01 . 040 Disclaimer The degree of flood protection required by this title is considered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of study. Larger floods may occur or flood heights may be increased by man-made or natural causes . This title does not imply that development either inside or outside of the SFHA will be free from flooding or damage. This title does not create liability on the part of the City or any officer or employee thereof for any flood damage that results from reliance on this title or any administrative decision made thereunder. CHAPTER 21 . 02 Definitions 21 . 02 . 010 Definitions - Generally Construction The language set forth in the text of this title shall be interpreted in accordance with the following rules of construction: A. The singular number includes the plural and the plural the singular. B. The present tense includes the past and future tenses, and the future the present. C. The word "shall" is mandatory, while the word "may" is permissive. D. The masculine gender includes the feminine and neuter. r 7 E. Whenever a word or term defined hereinafter appears in the text of this title, its meaning shall be construed as set forth in the definition thereof; and any word appearing in parentheses, between a word and its definition, shall be construed in the same sense as that word. F. Words herein not defined shall be interpreted in accordance with definitions contained in Webster' s Dictionary or in conformance with federal or state laws or regulations, where applicable. 21 . 02 . 020 Act AN ACT in relation to the regulation of the rivers, lakes and streams of the State of Illinois" , Ill . Rev. Stat. 1987, ch. 19, par. 52 et seq. 21 . 02 . 030 Applicant Any person, firm, corporation, agency, business or other entity which submits an application pursuant to Titles 13, 14, 16, 21, 18 or 19 of the Elgin Municipal Code, 1976, as amended, for any property, building, structure, device or improvement located within a floodplain. emik 21 . 02 . 040 Appropriate Use Uses in and of the regulatory floodway which are permissible and eligible for permit issuance under this title. 21 . 02 . 060 Base Flood The flood having a one-percent probability of being equaled or exceeded in any given year. The base flood is also known as the 100-year frequency flood event. Application of the base flood elevation at any location is as defined in Chapter 21 . 03 of this Ordinance. 21 . 02 . 070 Building A structure that is principally above ground and is enclosed by walls and a roof. The term includes a gas or liquid storage tank, a manufactured home, mobile home or a prefabricated building. This term also includes recreational vehicles and travel trailers to be installed on a site for more than 180 days, unless they are fully licensed and ready for highway use. r 8 [ 21 . 02 . 070 Compensatory Storage An artificially excavated, hydraulically equivalent volume of storage within the Special Flood Hazard Area (SFHA) used to balance the loss of natural flood storage capacity when artificial fill or structures are placed within the floodplain. The uncompensated loss of natural floodplain storage can increase off-site floodwater elevations and flows . 21 . 02 . 080 Conditional Approval of a Regulatory Floodway Map Change Preconstruction approval by DWR and the FEMA of a proposed change to floodway map. This preconstruction approval, pursuant to this part, gives assurances to the property owner that once an Appropriate Use is constructed according to permitted plans, the floodway map can be changed, as previously agreed, upon review and acceptance of as-built plans . 21 . 02 . 090 Conditional Letter of Map Revision (CLOMR) A letter which indicates that the Federal Emergency Management Agency will revise base flood elevations, flood insurance rate zones, flood boundaries or floodway as shown on an effective Flood Hazard Boundary Map or Flood Insurance Rate Map, once the as-built plans are submitted and approved. 21 . 02 . 100 Dam All obstructions, wall embankments or barriers, together with their abutments and appurtenant works, if any, constructed for the purpose of storing or diverting water or creating a pool . Underground water storage tanks are not included. 21 . 02 . 110 Development Any man-made change to real estate, including: a. Construction, reconstruction, repair or placement of a building or any addition to a building; b. Installing a manufactured home on a site, preparing a site for a manufactured home, or installing a travel trailer on a site for more than 180 days . If the travel trailer or recreational vehicle is on site for less than 180 days, it must be fully licensed and ready for his highway use. 9 rft. c. Drilling, mining, installing utilities, construction of roads, bridges, storage of equipment or materials or similar projects; d. Demolition of a structure or redevelopment of a site. e. Clearing of land as an adjunct of construction. f. Construction or erection of levees, walls or fences, dams or culverts, channel modifications, filling, dredging, grading, excavating, paving, or other non-agricultural alterations of the ground surface; storage of materials; deposit of solid or liquid waste; g. Any other activity of man that might change the direction, height, or velocity of flood or surface water including extensive vegetation removal : Development does not include maintenance of existing buildings and facilities such as re-roofing or resurfacing of roads when there is no increase in elevation, or gardening, plowing, and similar agricultural practices that do not involve filling, grading, or construction of levees . C 21 . 02 . 120 Director The Public Works Director or his designee. 21 . 02 . 130 DWR Illinois Department of Transportation, Division of Water Resources . 21 . 02 . 140 Elevation Certificates A form published by the Federal Emergency Management Agency that is used to certify the elevation to which a building has been elevated. 21 . 02 . 150 Exempt Organizations Organizations which are exempt from this ordinance by the laws or Constitution of the State of Illinois or the United States . 21 . 02 . 155 Engineering Division r 10 Engineering Division of the Department of Public Works of the City of Elgin. 21 . 02 . 160 Existing Manufactured Home Park or Subdivision A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the paving of concrete pads) has been completed before April 1, 1990 . 21 . 02 .210 Expansion to an Existing Manufactured Home Park or Subdivision The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads . ) 21 . 02 . 180 FEMA Federal Emergency Management Agency. 21 . 02 . 190 Flood A general and temporary condition of partial or complete inundation of normally dry land areas from overflow of inland or tidal waves, or the unusual and rapid accumulation or runoff of surface waters from any source. 21 .02 . 200 Flood Fringe That portion of the floodplain outside of the regulatory floodway. 21 . 02 .210 Flood Insurance Rate Maps (FIRM) A map prepared by the Federal Emergency Management Agency that depicts the special flood hazard area (SFHA) within a community. This map includes insurance rate zones and floodplains and may or may not depict floodways . 21 . 02 .220 Floodplain That land within the jurisdiction of the City of Elgin as identified on the current Flood Insurance Rate Map or Floodway Boundary Map prepared by the Federal Emergency Management emk 11 ("Pk Agency. The floodplain includes that land with ground surface elevations at or below the base flood or the 100-year frequency flood elevation. Floodplains may also include detached Special Flood Hazard Areas, ponding areas, etc. The floodplain is also known as the Special Flood Hazard Area (SFHA) . The SFHA of the city are generally identified as such on The Flood Insurance Rate Map of the city prepared by FEMA and dated February 21, 1989 . The SFHA' s of those parts of unincorporated Cook and Kane County that are within the extraterritorial jurisdiction of the City or that may be annexed into the City are identified as such on the Flood Insurance Rate Map prepared for Cook and Kane Counties by the Federal Emergency Management Agency (or the U.S. Department of Housing and Urban Development) and dated March 1, 1982 for Kane County and December 4 , 1984 for Cook County. 21 . 02 .230 Floodproofing Any combination of structural and nonstructural additions, changes or adjustments to structures as permitted by this title which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents . 21 . 02 . 240 Floodproofing Certificate eft A form published by the Federal Emergency Management Agency that is used to certify that a building has been designed and constructed to be structurally dry floodproofed to the flood protection elevation. 21 . 02 .250 Flood Protection Elevation (FPE) The elevation of the base flood or 100-year frequency flood plus one foot of freeboard at any given location in the SFHA. 21 . 02 . 260 Historic Structure Any structure that is : a. Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register: b. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historic district esk 12 c. Individually listed on the state inventory of historic places by the Illinois Historic Preservation Agency; d. Individually listed on a local inventory of historic places that has been certified by the Illinois Historic Preservation Agency. 21 . 02 .270 Hydrologic and Hydraulic Calculations Engineering analysis which determine expected floodflows and flood elevations based on land characteristics and rainfall events . 21 . 02 .280 Letter of Map Amendment (LOMA) Official determination by FEMA that a specific structure is not in a 100-year flood zone; amends the effective Flood Hazard Boundary Map or FIRM. 21 . 02 .290 Letter of Map Revision (LOMR) Letter that revises base flood or 100-year frequency flood elevations, flood insurance rate zones, flood boundaries or floodways as shown on an effective FHBM or FIRM. 21 .02 . 300 Manufactured Home A structure, transportable in one or more sections, which is built on a permanent chassis and is designated for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle" . 21 .02 . 310 Manufactured Home Park or Subdivision A parcel (or contiguous parcels) of land divided into two or more manufactured home lots, sites or zoning lots, for rent or sale. 21 . 02 . 320 New Manufactured Home Park or Subdivision Manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed ( including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) if completed on or after April 1, 1990. r 13 21 . 02 . 330 NGVD National Geodetic Vertical Datum of 1929 . Reference surface set by the National Geodetic Survey deduced from a continental adjustment of all existing adjustments in 1929 . 21 . 02 . 340 Public Flood Control Project A flood control project which will be operated and maintained by a public agency to reduce flood damages to existing buildings and structures which includes a hydrologic and hydraulic study of the existing and proposed conditions of the watershed. Nothing in this definition shall preclude the design, engineering, construction or financing, in whole or in part, of a flood control project by persons or parties who are not public agencies . 21 . 02 . 350 Publicly Navigable Waters All streams and lakes capable of being navigated by watercraft. 21 . 02 . 360 Recreational Vehicle or Travel Trailer A vehicle which is : a. Built on a single chassis; b. 400 square feet or less when measured at the largest horizontal projection; c. Designed to be self propelled or permanently towable by a light duty truck; and, d. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreation camping, travel, or seasonal use. 21 . 02 . 370 Registered Land Surveyor A land surveyor registered in the State of Illinois, under The Illinois Land Surveyors Act ( Ill . Rev. Stat. 1987, ch. 111, pars . 3201-3234) . 21 . 02 . 380 Registered Professional Engineer An engineer registered in the State of Illinois, under The Illinois Professional Engineering Act (Ill . Rev. Stat. 1987 . ch. 111, pars . 5101-5137) . few 14 21 .02 . 390 Regulatory Floodway The channel, including on-stream lakes, and that portion of the floodplain adjacent to a stream or watercourse as designated by DWR, which is needed to store and convey the existing and anticipated future 100-year frequency flood discharge with no more than a 0 . 1 foot increase in stage due to the loss of flood conveyance or storage, and no more than a 10 percent increase in velocities . The regulatory floodways are designated for the Fox River, Randall Rd. Tributary, Tyler Creek and Lords Park Tributary on the Flood Boundary and Floodway Map prepared by FEMA and dated February 21, 1989 . Poplar Creek is found on the Regulatory Floodplain Map prepared by DWR and dated July 1, 1977 . The regulatory floodways for those parts of incorporated Cook and Kane County that are within the extraterritorial jurisdiction of the City that may be annexed into the City are designated for the Fox River, Randall Rd. Tributary, Tyler Creek, Lords Park Tributary and Poplar Creek on the Flood Boundary and Floodway map prepared by FEMA (or Department of Housing and Urban Development) and dated March 1, 1982 for Kane County and December 4, 1984 for Cook County. To locate the regulatory floodway boundary on any site, the regulatory floodway boundary should be scaled off the regulatory floodway map and located on a site plan, using reference marks common to both maps . Where interpretation is needed to determine the exact location of the regulatory floodway boundary, DWR should be contacted for the interpretations . 21 . 02 . 400 Repair, Remodeling or Maintenance Development activities which do not result in any increases in the outside dimensions of a building or any changes to the dimensions of a structure . 21 . 02 . 410 Riverine SFHA Any SFHA subject to flooding from a river, creek, intermittent stream, ditch, on stream lake system or any other identified channel . This term does not include areas subject to flooding from lakes, ponding areas, areas of sheet flow, or other areas not subject to overbank flooding. 21 . 02 .420 Special Flood Hazard Area (SFHA) Any base flood area subject to flooding from a river, creek, intermittent stream, ditch, or any other identified channel or ponding as shown on a Flood Hazard Boundary Map or 15 Flood Insurance Rate Map as Zone A, A0, A1-30, AE, A99, AH, V0, V30, VE V, M, or E. 21 . 02 .430 Structure The results of a man-made change to the land constructed on or below the ground, including the construction, reconstruction or placement of a building or any addition to a building; installing a manufactured home on a site; preparing a site for a manufactured home or installing a travel trailer on a site for more than 180 days, unless they are fully licensed and ready for highway use. 21 . 02 .440 Substantial Improvement Any repair, reconstruction, rehabilitation, addition or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either, (a) before the improvement or repair is started, or (b) if the structure has been damaged from any source, and is being restored, before the damage occurred. This term includes structures which were damaged whereby the cost of restoring the structure to its predamaged condition would equal or exceed 50 percent of the market value before the damage occurred, regardless of the actual repair work performed. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural parts of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either ( 1) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or (2) any alteration of a "Historic Structure" , provided that the alteration will not preclude the structures continued designation as a "Historic Structure" . 21 . 02 . 450 Transition Section Reaches of the stream or floodway where water flows from a narrow cross-section to a wide cross-section or vice versa. CHAPTER 21 . 03 BASE FLOOD ELEVATIONS 21 . 03 . 010 Base Flood Elevation Generally eft 16 This Ordinance' s protection standard is based on the Flood Insurance Study for the City. If a base flood elevation or 100-year frequency flood elevation is not available for a particular site, then the protection standard shall be according to the best existing data available in the Illinois State Water Survey's Floodplain Information Repository. When a party disagrees with the best available data, he/she may finance the detailed engineering study needed to replace existing data with better data and submit it to DWR and FEMA. 21. 03 . 020 Designated Rivers and Creeks The base flood or 100-year frequency flood elevation for the SFHAs of Fox River, Tyler Creek, Randall Rd. Tributary, Lords Park Tributary and Poplar Creek, shall be as delineated on the 100-year flood profiles in the Flood Insurance Study of the City prepared by FEMA (or the Department of Housing and Urban Development) and dated September 1, 1981, and such amendments to such study and maps as may be prepared from time to time. 21 . 03 . 030 Designated Rivers and Creeks for the Unincorp- orated County The base flood or 100-year frequency flood elevation for the SFHAs of those parts of unincorporated Cook and Kane County that are within the extraterritorial jurisdiction of the City or that may be annexed into the City shall be as delineated on the 100-year flood profiles in the Flood Insurance Study of County prepared by FEMA (or the Department Studies of Cook and Kane Counties of Housing and Urban Development) and dated September 1, 1981 for Kane County and December 4, 1984 for Cook County and such amendments or revisions to such study and maps as may be prepared from time to time. 21 . 03 . 040 Shallow Flooding Areas A) The base flood or 100-year frequency 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 City of Elgin B) The base flood or 100-year frequency flood elevation for each of the remaining SFHAs delineated as an "A Zone" on the Flood Insurance Rate Map of the City shall be according to the best existing data available in the Illinois State Water Survey Floodplain Information Repository. When no base r 17 flood or 100-year frequency flood elevation exists, the base flood or 100-year frequency flood elevation for a riverine SFHA shall be determined from a backwater model, such as HEC-11, WSP-2, or a dynamic model such as HIP. The floodflows used in the hydraulic models shall be obtained from a hydrologic model, such as HEC-1 TR-20, or HIP, or by techniques presented in various publications prepared by the United States Geological Survey for estimating peak flood discharges . Floodflows shall be based on anticipated future land use conditions in the watershed as determined from adopted local and regional land use plans . Along any watercourses draining more than one ( 1) square mile, the above analyses shall be submitted to DWR for approval, once approved it must be submitted to the Illinois State Water Survey Floodplain Information Repository for filing. For a non-riverine SFHA, the Base Flood Elevation shall be the historic Flood of Record plus three feet, unless calculated by a detailed engineering study and approved by the Illinois State Water Survey. CHAPTER 21 . 04 emk OCCUPATION AND USE OF FLOOD FRINGE AREA 21 . 04 . 010 Occupation and Use of Flood Fringe Areas Generally Development in and/or filling of the flood fringe will be permitted if protection is provided against the base flood or 100-year frequency flood by proper elevation, and compensatory storage and other provisions of this Ordinance are met. No use will be permitted which adversely affects the capacity of drainage facilities or systems . Developments located within the flood fringe shall meet the requirements of this section, along with the requirements of Chapter 21 . 07 . 21 . 04 . 020 Development Permit No person, firm, corporation, or governmental body not exempted by state law shall commence any development in the SFHA without first obtaining a development permit from the Public Works Director. 21 . 04 . 030 Application for Development Permit 18 Application for a development permit shall be made on a form provided by the Engineering Division of the Department of Public Works . The application shall be accompanied by drawings of the site, drawn to scale, showing property line dimensions and legal description for the property and sealed by a licensed engineer or land surveyor; existing grade elevations in M.S.L. , 1929 adj . datum or property floodplain limits and shall be sealed N.G.V.D. and all changes in grade resulting from excavation or filling; the location and dimensions of all buildings and additions to buildings . For all proposed buildings, the elevation of the lowest floor (including basement) and lowest adjacent grade shall be shown on the submitted plans and the development will be subject to the requirements of Chapter 21 . 07 of this Ordinance. 21 . 04 . 040 Application Process Upon receipt of a development permit application, the Engineering Division shall compare the elevation of the site to the base flood or 100-year frequency flood elevation. Any development located on land that can be shown to have been higher than the base flood elevation as of the sites first Flood Insurance Rate Map identification is not in the SFHA and, therefore, not subject to the requirements of this Ordinance. The Engineering Division shall maintain documentation of the existing ground elevation at the development site and certification that this ground elevation existed prior to the date of the site 's first Flood Insurance Rate Map identification. 21 . 04 . 050 Obtaining Additional Permits The Engineering Division shall be responsible for obtaining from the applicant, copies of all other local, state and federal permits, approvals or permit-not-required letters that may be required for this type of activity. The Engineering Division shall not issue a permit unless all other local, state and federal permits have been obtained. 21 . 04 . 060 Preventing Increased Damages No development in the flood fringe shall create a threat to public health and safety. 21 . 04 . 070 Use of Fill If fill is being used to elevate the site above the base flood or 100-year frequency flood elevation, the applicant shall submit sufficient data and obtain a letter of map r 19 revision (LOMR) from FEMA for the purpose of removing the site from the flood plain. 21 . 04 . 080 Compensatory Storage Whenever any portion of a flood plain is authorized for use, the volume of space which will be occupied by the authorized fill or structure below the base flood or 100-year frequency flood elevation shall be compensated for and balanced by a hydraulically equivalent volume of excavation taken from below the base flood or 100-year frequency flood elevation. The excavation volume shall be at least equal to the volume of storage lost due to the fill or structure. In the case of streams and watercourses, such excavation shall be made opposite or adjacent to the areas so filled or occupied. All flood plain storage lost below the existing 10-year flood elevation shall be replaced below the proposed 10-year flood elevation. All flood plain storage lost above the existing 10-year flood elevation shall be replaced above the proposed 10-year flood elevation. All such excavations shall be constructed to drain freely and openly to the watercourse. CHAPTER 21 . 05 OCCUPATION AND USE OF IDENTIFIED FLOODWAYS (Pk 21 . 05 . 010 Occupation and Use of Identified Floodways Generally This section applies to proposed development, redevelopment, site modification or building modification within a regulatory floodway. The regulatory floodway for the Fox River, Randall Rd. Tributary, Tyler Creek, Lords Park Tributary & Poplar Creek, shall be as delineated on the regulatory floodway maps designated by DWR according and referenced in Section 21 . 02 . 390. Only those uses and structures will be permitted which meet the criteria in this section. All floodway modifications shall be the minimum necessary to accomplish the purpose of the project. The development shall also meet the requirements of Chapter 21 . 07 . 21 . 05 . 020 Development Permit No person, firm, corporation or governmental body not exempted by state law shall commence any development in a floodway without first obtaining a development permit from the Public Works Director. 21 . 05 . 030 Application Information 20 eft. Application for a development permit shall be made on a form provided by the Engineering Division of the Department of Public Works . The application shall include the following information: a. Name and address of applicant; b. Site location (including legal description) of the property, drawn to scale, on the regulatory floodway map indicating whether it is proposed to be in an incorporated or unincorporated area; c. Name of stream or body of water affected; d. Description of proposed activity; e. Statement of purpose of proposed activity; f . Anticipated dates of initiation and completion of activity; g. Name and mailing address of the owner of the subject property if different from the applicant; h. Signature of applicant or the applicant' s agent; i . If the applicant is a corporation, the president or other authorized officer shall sign the application form; j . If the applicant is a partnership, each partner shall sign the application form; and k. If the applicant is a land trust, the trust officer shall sign the name of the trustee by him (her) as trust officer. A disclosure affidavit shall be filed with the application, identifying each beneficiary of the trust by name and address and defining the respective interests therein. 1 . Plans of the proposed activity shall be provided which include as a minimum: (i) A vicinity map showing the site of the activity, name of the waterway, boundary lines, names of roads in the vicinity of the site, graphic or numerical scale, and north arrow; r 21 em. ( ii) A plan view of the project and engineering study reach showing existing and proposed conditions including principal dimensions of the structure or work, elevations in mean sea level ( 1929 adjustment) datum or N.G.V.D. , adjacent property lines and ownership, drainage and flood control easements, distance between proposed activity and navigation channel (when the proposed construction is near a commercially navigable body of water) , regulatory floodway limit, flood plain limit, channel modifications, location and orientation of cross sections, north arrow, and a graphic or numerical scale; (iii) Cross-section views of the project and engineering study reach showing existing and proposed conditions including principal dimensions of the work as shown in plan view, existing and proposed elevations, normal water elevation, 10-year frequency flood elevation, 100-year frequency flood elevation, and graphic or numerical scales (horizontal and vertical) ; (iv) A copy of the regulatory floodway map, marked to reflect any proposed change in the regulatory floodway location. m. Any and all other local, state and federal permits or approval letters that may be required for this type of development. n. Engineering calculations and supporting data shall be submitted showing that the proposed work will meet the permit criteria of Section 21 . 05 .050 . o. If the regulatory floodway delineation, base flood or 100-year frequency flood elevation will change due to the proposed project, the application will not be considered complete until DWR has indicated conditional approval of the regulatory floodway map change. No structures may be built until a Letter of Map Revision has been approved by FEMA. P. The application for a structure shall be accompanied by drawings of the site, drawn to scale showing property line dimensions and existing ground elevations and all changes in grade resulting from any proposed excavation or filling, and flood plain eft 22 emk and floodway limits; sealed by a registered professional engineer, or registered land surveyor; the location and dimensions of all buildings and additions to buildings; and the elevation of the lowest floor ( including basement) of all proposed buildings subject to the requirements of Chapter 21 .07 of this Ordinance. 21 . 05 . 040 Obtaining Additional Permits The Engineering Division shall be responsible for obtaining from the applicant copies of all other local, state, and federal permits and approvals that may be required for this type of activity. The Engineering Division shall not issue the development permit unless all required federal and state permits have been obtained. A Registered Professional Engineer, under the employ or contract of the City shall review and approve applications reviewed under the Section. 21 . 05 . 050 Preventing Increased Damages and a List of Appropriate Uses The only development in a floodway which will be allowed are Appropriate Uses, which will not cause a rise in the base flood elevation, and which will not create a damaging or potentially damaging increase in flood heights or velocity or be a threat to public health and safety. Only those Appropriate Uses listed in 92 Iii . Adm. Code 708 will be allowed. Appropriate uses do not include the construction or placement of any new structures, fill building additions, buildings on stilts, fencing (including landscaping or planting designed to act as a fence) and storage of materials except as specifically defined above as an Appropriate Use. The approved Appropriate Uses are as follows : a. Flood control structures, dikes, dams and other public works or private improvements relating to the control of drainage, flooding, erosion, or water quality or habitat for fish and wildlife. b. Structures or facilities relating to the use of, or requiring access to, the water or shoreline, such as pumping and treatment facilities, and facilities and improvements related to recreational boating, commercial shipping and other functionally water dependent uses; c. Storm and sanitary sewer outfalls; r 23 (eh' d. Underground and overhead utilities; e. Recreational facilities such as playing fields and trail systems including any related fencing (at least 50% open when viewed from any one direction) built parcelled to the direction of flood flows, and including open air pavilions; f. Detached garages, storage sheds, or other non-habitable accessory structures without toilet facilities to existing buildings that will not block flood flows, nor reduce floodway storage; g. Bridges, culverts, roadways, sidewalks, railways, runways and taxiways and any modification thereto; h. Parking lots and any modifications thereto (where depth of flooding at the 100-year frequency flood event will not exceed 1 . 0 ' ) and aircraft parking aprons built at or below ground elevation; i . Regulatory floodway regrading, without fill to create a positive non-erosive slope toward a watercourse. j . Flood proofing activities to protect previously existing lawful structures including the construction of water tight window wells, elevating structures, or construction of floodwalls around residential, commercial or industrial principal structures where the outside toe of the floodwall shall be no more than ten ( 10) feet away from the exterior wall of the existing structure, and, which are not considered substantial improvements to the structure. k. In the case of damaged or replacement buildings, reconstruction or repairs made to a building that are valued at less than 50% of the market value of the building before it was damaged or replaced, and which do not increase the outside dimensions of the building. 1 . Additions to existing buildings above the BFE that do not increase the building's foot print and are valued at less than 50% of the market value of the building. 21 . 05. 060 Criteria for Construction Within the regulatory floodway as identified on the regulatory floodway maps designated by DWR, the construction eft 24 of an Appropriate Use, will be considered permissible provided that the proposed project meets the following engineering criteria and is so stated in writing with supporting plans, calculations and data by a registered professional engineer and provided that any structure meets the protection requirements of Section 21 . 07 . 010 of this Ordinance: a. Preservation of Flood Conveyance, so as Not to Increase Flood Stages Upstream. For appropriate uses other than bridge or culvert crossings, on-stream structures or dams, all effective regulatory floodway conveyance lost due to the project will be replaced for all flood events up to and including the 100-year frequency flood. In calculating effective regulatory floodway conveyance, the following factors shall be taken into consideration: (1) Regulatory floodway conveyance, 2/3 "K" = 1 .486 AR n where "n" is Manning' s roughness factor, "A" is the effective area of the cross-section, and eft. "R" is the ratio of the area to the wetted perimeter. (See Open Channel Hydraulics, Ven Te Chow, 1959, McGraw-Hill Book Company, New York. (ii) The same Manning' s "n" value shall be used for both existing and proposed conditions unless a recorded maintenance agreement with a federal, state, or local unit of government can assure the proposed conditions will be maintained or the land cover is changing from a vegetative to a non-vegetative land cover. (iii) Transition sections shall be provided and used in calculations of effective regulatory floodway conveyance. The following expansion and contraction ratios shall be used unless an applicant's engineer can prove to DWR through engineering calculations or model tests that more abrupt transitions may be used with the same efficiency: a. When water is flowing from a narrow section to a wider section, the water should be assumed to expand no faster 25 than at a rate of one foot horizontal for every four feet of the flooded stream's length. b. When water is flowing from a wide section to a narrow section, the water should be assumed to contract no faster than at a rate of one foot horizontal for every one foot of the flooded stream's length. c. When expanding or contracting flows in a vertical direction, a minimum of one foot vertical transition for every ten feet of stream length shall be used. d. Transition sections shall be provided between cross-sections with rapid expansions and contractions and when meeting the regulatory floodway delineation on adjacent properties. e. All cross-sections used in the calculations shall be located perpendicular to flood flows . eft b. Preservation of Floodway Storage so as Not to Increase Downstream Flooding. Compensatory storage shall be provided for any regulatory floodway storage lost due to the proposed work from the volume of fill or structures placed and the impact of any related flood control projects . Compensatory storage for fill or structures shall be equal to the volume of flood plain storage lost. Artificially created storage lost due to a reduction in head loss behind a bridge shall not be required to be replaced. The compensatory regulatory floodway storage shall be placed between the proposed normal water elevation and the proposed 100-year flood elevation. All regulatory floodway storage lost below the existing 10-year flood elevation shall be replaced below the proposed 10-year flood elevation. All regulatory floodway storage lost above the existing 10-year flood elevation shall be replaced above the proposed 10-year flood elevation. All such excavations shall be constructed to drain freely and openly to the watercourse. If the compensatory storage will not be placed at the location of the proposed construction, the applicant' s engineer shall demonstrate to DWR through a determination of flood discharges and water 26 surface elevations that the compensatory storage is hydraulically equivalent. c. Preservation of Floodway Velocities so as Not to Increase Stream Erosion or Flood Heights . For all Appropriate Uses, except bridges or culverts or on stream structures, the proposed work will not result in an increase in the average channel or regulatory floodway velocities . However in the case of bridges or culverts or on stream structures built for the purpose of backing up water in the stream during normal or flood flows, velocities may be increased at the structure site if scour, erosion and sedimentation will be avoided by the use of rip-rap or other design measures . d. Construction of New Bridges or Culvert Crossings and Roadway Approaches . The proposed structure shall not result in an increase of upstream flood stages greater than 0 . 1 foot when compared to the existing conditions for all flood events up to and including the 100-year frequency event or the upstream flood stage increases will be contained within the channel banks (or within existing vertical extensions of the channel banks) such as within the design protection grade of existing levees or flood walls or within recorded flood easements . If the proposed construction will increase upstream flood stages greater than 0 . 1 feet, the developer must contact DWR, Dam Safety Section for a Dam Safety permit or waiver. (i) The engineering analysis of upstream flood stages must be calculated using the flood study flows, and corresponding flood elevations for tailwater conditions for the flood study specified in Chapter 21 . 03 of this Ordinance. Culverts must be analyzed using the U. S. DOT, FHWA Hydraulic Chart for the Selection of Highway Culverts . Bridges must be analyzed using the U.S . DOT/Federal Highway Administration Hydraulics of Bridge Waterways calculation procedures . ( ii) Lost floodway storage must be compensated for per Section 21 . 05 . 060(b) . (iii) Velocity increases must be mitigated per Section 21 . 05 . 060(c) . C 27 (iv) If the crossing is proposed over a public waterway that is used for recreational or commercial navigation, a Department of Transportation permit must be received. (v) The hydraulic analysis for the backwater caused by the bridge showing the existing condition and proposed regulatory profile must be submitted to DWR for concurrence that a CLOMR is not required by Section 21 . 05 . 050. (vi) All excavations for the construction of the crossing shall be designed per Section 21 . 05 . 060(h) . e. Reconstruction or Modification of Existing Bridges, Culverts, and Approach Roads . (1) The bridge or culvert and roadway approach reconstruction or modification shall be constructed with no more than 0 . 1 foot increase in backwater over the existing flood profile for all flood frequencies up to and including the 100-year event, if the existing structure is not a source of flood damage. r (ii) If the existing bridge or culvert and roadway approach is a source of flood damage to buildings or structures in the upstream flood plain, the applicant' s engineer shall evaluate the feasibility of redesigning the structure to reduce the existing backwater, taking into consideration the effects on flood stages on upstream and downstream properties . ( iii) The determination as to whether or not the existing crossing is a source of flood damage and should be redesigned must be prepared in accordance with the Department of Transportation Rules 92 Ill . Adm. Code 708 (Floodway Construction in Northeastern Illinois) and submitted to DWR for review and concurrence before a permit is issued. f. On-Stream Structures Built for the Purpose of Backing Up Water. Any increase in upstream flood stages greater than 0 .0 foot when compared to the existing conditions, for all flood events up to and including r 28 (Pk the 100-year frequency event shall be contained within the channel banks (or within existing vertical extensions of the channel banks) such as within the design protection grade of existing levees or flood walls or within recorded flood easements . A permit or letter indicating a permit is not required must be obtained from DWR, Dam Safety Section for a Dam Safety permit or waiver for any structure built for the purpose of backing up water in the stream during normal or flood flow. All dams and impoundment structures as defined in Section 21 . 02 . 100 shall meet the permitting requirements of 92 Ill . Adm. Code 702 (Construction and Maintenance of Dams) . g. Flood Proofing of Existing Habitable, Residential and Commercial Structures . If construction is required beyond the outside dimensions of the existing building, the outside perimeter of the floodproofing construction shall be placed no further than 10 feet from the outside of the building. Compensation of lost storage and conveyance will not be required for floodproofing activities . h. Excavation in the Floodway. When excavation is proposed in design of bridges and culvert openings, including the modifications to and replacement of existing bridge and culvert structures, or to compensate for lost conveyance for other Appropriate Uses, transition sections shall be provided for the excavation. The following expansion and contraction ratios shall be used unless an applicants engineer can prove to DWR through engineering calculations or model tests that more abrupt transitions may be used with the same efficiency: (i) When water is flowing from a narrow section to a wider section, the water should be assumed to expand no faster than at a rate of one foot horizontal for every four feet of the flooded stream' s length; (ii) When water is flowing from a wide section to a narrow section, the water should be assumed to contract no faster than at a rate of one foot horizontal for every one foot of the flooded stream' s length; ( iii) When expanding or contracting flows in a vertical direction, a minimum of one foot fob. 29 vertical transition for every ten feet of stream length shall be used. (iv) Erosion/scour protection shall be provided inland upstream and downstream of the transition sections . i . Seeding and Stabilization Plan. For all activities located in a floodway, a seeding and stabilization plan shall be submitted by the applicant. j . Public Flood Control Projects. For public flood control projects, the permitting requirements of this section will be considered met if the applicant can demonstrate to DWR through hydraulic and hydrologic calculations that the proposed project will not singularly or cumulatively result in increased flood heights outside the project right-of-way or easements for all flood events up to and including the 100-year frequency event. k. General Criteria for Analysis of Flood Elevations . ( i) The flood profiles, flows and floodway data in the regulatory floodway study, referenced in Chapter 21 . 03 must be used for analysis of the base conditions . If the study data appears to be in error or conditions have changed, DWR shall be contacted for approval and concurrence on the appropriate base conditions data to use. (ii) If the 100-year regulatory floodway elevation at the site of the proposed construction is affected by backwater from a downstream receiving stream with a larger drainage area, the proposed construction shall be shown to meet the requirements of this section for the 100-year frequency flood elevations of the regulatory floodway conditions and conditions with the receiving stream at normal water elevations . (iii) If the applicant learns from DWR, local governments, or a private owner that a downstream restrictive bridge or culvert is scheduled to be removed, reconstructed, modified, or a regional flood control project is scheduled to be built, removed, constructed or modified within the next five years, the 30 proposed construction shall be analyzed and shown to meet the requirements of this section for both the existing conditions and the expected flood profile conditions when the bridge, culvert or flood control project is built. 1 . Conditional Letter of Map Revision. If the Appropriate Use would result in a change in the regulatory floodway location or the 100-year frequency flood elevation, the applicant shall submit to DWR and to FEMA all the information, calculations and documents necessary to be issued a conditional regulatory floodway map revision and receive from DWR a conditional approval of the regulatory floodway change before a permit is issued. However, the final regulatory floodway map will not be changed by DWR until as-built plans or record drawings are submitted and accepted by FEMA and DWR. In the case of non-government projects, the municipality in incorporated areas and the county in unincorporated areas shall concur with the proposed conditional regulatory floodway map revision before DWR approval can be given. No filling, grading, dredging or excavating shall take place until a conditional approval is issued. No further development activities shall take place until a final Letter of Map Revision (LOMR) is issued by FEMA and DWR. m. Professional Engineer' s Supervisor. All engineering analyses shall be performed by or under the supervision of a registered professional engineer. n. After receipt of conditional approval of the regulatory floodway change and issuance of a permit and a Conditional Letter of Map Revision, construction as necessary to change the regulatory floodway designation may proceed but no buildings or structures or other construction that is not an Appropriate Use may be placed in that area until the regulatory floodway map is changed and a final Letter of Map Revision is received. The regulatory floodway map will be revised upon acceptance and concurrence by DWR and FEMA of the "as built" plans . 21 . 05. 070 State Review r 31 frik For those projects listed below located in a regulatory floodway, the following criteria shall be submitted to DWR for the review and concurrence prior to the issuance of a permit. a. DWR will review an engineer' s analysis of the flood profile due to a proposed bridge pursuant to Section 21 . 05 . 060(d) . b. DWR will review an engineer' s determination that an existing bridge or culvert crossing is not a source of flood damage and the analysis indicating the proposed flood profile, pursuant to Section 21 . 05 . 060(e) . c. The DWR will review alternative transition sections and hydraulically equivalent storage pursuant to Section 21 . 05 . 060(a) , Section 21 . 05 . 060(b) and Section 21 . 05 . 060(h) . d. The DWR will review and approve prior to the start of construction any Department projects, dams (as defined in Section 21 . 02 . 100) and all other state, federal or local units of government projects, including projects of the municipality or county. h. 21 . 05 . 080 Other Permits In addition to the other requirements of this Ordinance, a development permit for a site located in a floodway shall not be issued unless the applicant first obtains a permit or written documentation that a permit is not required from DWR, issued pursuant to Illinois Revised Statutes, Chapter 19, Section 52 et seq. No permit from DWR shall be required if the Division has delegated this responsibility to the City. 21 . 05. 090 Dam Safety Permits Any work involving the construction, modification or removal of a dam as defined in Section 21 . 02 . 100 per 92 III . Adm. Code 702 (Rules for Construction of Dams) shall obtain an Illinois Division of Water Resources Dam Safety permit prior to the start of construction of a dam. If the Engineering Division finds a dam that does not have a DWR permit, the Engineering Division shall immediately notify the Dam Safety Section of the Division of Water Resources. If the Engineering Division finds a dam which is believed to be in unsafe condition, the Engineering Division shall immediately notify the owner of the dam, DWR, Dam Safety Section in r 32 Springfield and the Illinois Emergency Services and Disaster Agency (ESDA) . 21 . 05. 100 Activities That Do Not Require a Registered Professional Engineer' s Review The following activities may be permitted without a registered professional engineers review. Such activities shall still meet the other requirements of this Ordinance, including the mitigation requirements . a. Underground and overhead utilities that: (i) Do not result in any increase in existing ground elevation, or (ii) Do not require the placement of above ground structures in the floodway, or (iii) In the case of underground stream crossings, the top of the pipe or encasement is buried a minimum of 3 ' below the existing stream bed, and ( iv) In the case of overhead utilities, no supporting towers are placed in the watercourse eft. and are designed in such a fashion as not to catch debris . b. Storm and sanitary sewer outfalls that: ( i) Do not extend riverward or lakeward of the existing adjacent natural bank slope, and (ii) Do not result in an increase in ground elevation, and (iii) Are designed so as not to cause stream erosion at the outfall location. c. Construction of sidewalks, athletic fields (excluding fences) , properly anchored playground equipment and patios at grade. d. Construction of shoreline and streambank protection that: (1) Does not exceed 1000 feet in length. eft. 33 flow (ii) Materials are not placed higher than the existing top of bank. (iii) Materials are placed so as not to reduce the cross-sectional area of the stream channel or bank of the lake. e. Temporary stream crossings in which: (i) The approach roads will be 0. 5 ' ( 1/2 foot) or less above natural grade. ( ii) The crossing will allow stream flow to pass without backing up the water above the stream bank vegetation line or above any drainage tile or outfall invert. (iii) The top of the roadway fill in the channel will be at least 2 ' below the top of the lowest bank. Any fill in the channel shall be non-erosive material, such as rip-rap or gravel . ( iv) All disturbed stream banks will be seeded or otherwise stabilized as soon as possible upon installation and again upon removal of construction. (v) The access road and temporary crossings will be removed within one year after authorization. CHAPTER 21 . 06 OCCUPATION AND USE OF SFHA AREAS WHERE FLOODWAYS ARE NOT IDENTIFIED 21 . 06 . 010 Occupation and Use of SFHA Areas Where Floodways Are Not Identified Generally In SFHA or flood plains, where no floodways have been identified an no base flood or 100-year frequency flood elevations have been established by FEMA, and draining more than a square mile, no development shall be permitted unless the cumulative effect of the proposals, when combined with all other existing and anticipated uses and structures, shall not significantly impede or increase the flow and passage of the floodwaters nor significantly increase the base flood or 100-year frequency flood elevation. 21 . 06 . 020 Development Permit r 34 0" No person, firm, corporation or governmental body, not exempted by state law, shall commence any development in a SFHA or flood plain without first obtaining a development permit from the Director of Public Works . Application for a development permit shall be made on a form provided by the Engineering Division of the Department of Public Works . The application shall be accompanied by drawings of the site, drawn to scale showing property line dimensions; and existing grade elevations and all changes in grade resulting from excavation or filling, sealed by a licensed engineer or surveyor; the location and dimensions of all buildings and additions to buildings; and the elevation at the lowest floor ( including basement) of all proposed buildings subject to the requirements of Section 21 . 07 of this Ordinance. The application for a development permit shall also include the following information: a. A detailed description of the proposed activity, its purpose, and intended use; b. Site location (including legal description) of the property drawn to scale, on the regulatory floodway maps, indicating whether it is proposed to be in an incorporated or unincorporated area; c. Anticipated dates of initiation and completion of activity; d. Plans of the proposed activity shall be provided which include as minimum: (i) A vicinity map showing the site of the activity, name of the waterway, boundary lines, names of roads in the vicinity of the site, graphic of numerical scale, and north arrow; ( ii) A plan view of the project and engineering study reach showing existing and proposed conditions including principal dimensions of the structure or work, elevations in mean sea level ( 1929 adjustment) datum or N.G.V.D. , adjacent property lines and ownership, drainage and flood control easements, distance between proposed activity and navigation channel (when the proposed construction is near a commercially navigable body of water) , flood plain limit, location and orientation of 35 elk cross-sections, north arrow, and a graphical or numerical scale; ( iii) Cross-section views of the project and engineering study reach showing existing and proposed conditions including principal dimensions of the work as shown in plan view, existing and proposed elevations, normal water elevation, 10-year frequency flood elevation, 100-year frequency flood elevation, and graphical or numerical scales (horizontal and vertical . e. Engineering calculations and supporting data shall be submitted showing that the proposed work will meet the criteria of Section 21 . 06 . 050 . f. Any and all other local state and federal permits or approvals that may be required for this type of development. 21 . 06 . 030 Comparison of Elevation Based on the best available existing data according to the Illinois State Water Survey's Flood Plain Information e''` Respository, the Engineering Division shall compare the elevation of the site to the base flood or 100-Year frequency flood elevation. Should no elevation information exist for the site, the developer' s engineer shall calculate the elevation according to Section 21. 03 . 040(b) . Any development located on land that can be shown to have been higher than the base flood elevation as of the sites first Flood Insurance Rate Map Identification is not in the SFHA and, therefore, not subject to the requirements of this Ordinance. The Building Official shall maintain documentation of the existing ground elevation at the development site and certification that this ground elevation existed prior to the date of the site' s first Flood Insurance Rate Map identifications . 21 . 06 . 040 Obtaining Additional Permits The Engineering Division shall be responsible for obtaining from the applicant copies of all other local, state, and federal permits, approvals or permit-not-required letters that may be required for this type of activity. The Engineering Division shall not issue the development permit unless all required local, state and federal permits have been obtained. 21 . 06 . 050 Preventing Increased Damages 36 No development in the SFHA, where a floodway has not been determined shall create a damaging or potentially damaging increase in flood heights or velocity or threat to public health and safety. 21 . 06 . 060 Standards Within Riverine SFHA Within all riverine SFHA' s where the floodway has not been determined, the following standards shall apply: a. The developer shall have a Registered Professional Engineer state in writing and show through supporting plans, calculations, and data that the project meets the engineering requirements of Section 21 . 05 . 060 (a) through ( j ) for the entire flood plain as calculated under the provisions of Section 21 . 03 . 040(b) of this Ordinance. As an alternative, the developer should have an engineering study performed to determine a floodway and submit that engineering study to DWR for acceptance as a regulatory floodway. Upon acceptance of their floodway by the Department, the developer shall then demonstrate that the project meets the requirement of Chapter 21 . 05 for the regulatory floodway. The floodway shall be defined according to the definition in Section 21 . 02 . 390 of this Ordinance. eft. b. A development permit shall not be issued unless the applicant first obtains a permit from DWR or written documentation that a permit is not required from DWR. c. No permit from DWR shall be required if the Division has delegated permit responsibility to the City per 92 Ill. Adm. Code, Part 708 for regulatory floodways, per DWR' s Statewide Permit entitled "Construction in Flood Plains with No Designated Floodways in Northeastern Illinois . " d. Dam Safety Permits . Any work involving the construction, modification or removal of a dam or an on-stream structure to impound water as defined in Section 21 . 02 .090 shall obtain an Illinois Division of Water Resources Dam Safety permit or letter indicating a permit is not required prior to the start of construction of a dam. If the Engineering Division finds a dam that does not have an DWR permit, the Engineering Division shall immediately notify the Dam Safety Section of the Division of Water Resources . If the Engineering Division finds a dam which is believed to be in unsafe condition, the r 37 Engineering Division shall immediately notify the owner of the dam and the Illinois Emergency Services and Disaster Agency (ESDA) , and the DWR , Dam Safety Section in Springfield. e. The following activities may be permitted without a Registered Professional Engineer' s review or calculation of a base flood elevation and regulatory floodway. Such activities shall still meet the other requirements of this Ordinance: (1) Underground and overhead utilities that: (a) Do not result in any increase in existing ground elevations, or (b) Do not require the placement of above ground structures in the floodway, or (c) In the case of underground stream crossings, the top of the pipe or encasement is buried a minimum of 3 ' below the existing stream bed, and (d) In the case of overhead utilities, no supporting towers are placed in the watercourse and are designed in such a fashion as not to catch debris. ( ii) Storm and sanitary sewer outfalls that: (a) Do not extend riverward or lakeward of the existing adjacent natural bank slope, and (b) Do not result in an increase in ground elevation, and (c) Are designed so as not to cause stream bank erosion at the outfall location. (iii) Construction of shoreline and streambed protection that: (a) Does not exceed 1000 feet in length or 2 cubic yards per lineal foot of streambed. (b) Materials are not placed higher than the existing top of bank. 38 (c) Materials are placed so as not to reduce the cross-sectional area of the stream channel by more than 10% . (iv) Temporary stream crossings in which: (a) The approach roads will be 0 .5 ' ( 1/2 foot) or less above natural grade. (b) The crossing will allow stream flow to pass without backing up the water above the stream bank vegetation line or above any drainage tile or outfall invert. (c) The top of the roadway fill in the channel will be at least 2 ' below the top of the lowest bank. (d) All disturbed stream banks will be seeded or otherwise stabilized as soon as possible upon installation and again upon removal of construction. (e) The access road and temporary crossings will be removed within one year after eft. authorization. (v) The construction of light poles, sign posts and similar structures; (vi) The construction of sidewalks, driveways, athletic fields (excluding fences) , patios and similar surfaces which are built at grade; (vii) The construction of properly anchored, unwalled, open structures such as playground equipment, pavilions, and carports built at or below existing grade that would not obstruct the flow of flood waters; (viii) The placement of properly anchored buildings not exceeding seventy (70) square feet in size, nor ten ( 10) feet in any one dimension (e.g. , animal shelters and tool sheds) ; (ix) The construction of additions to existing buildings which do not increase the first floor area by more than twenty (20) percent, which are located on the upstream or downstream side eft 39 of the existing building, and which do not extend beyond the sides of the existing building that are parallel to the flow of floodwaters; (x) Minor maintenance dredging of a stream channel where: (a) The affected length of stream is less than 1000 feet. (b) The work is confined to reestablishing flows in natural stream channels, or (c) The cross-sectional area of the dredged channel conforms to that of the natural channel upstream and downstream of the site. f. The flood carrying capacity within any altered or relocated watercourse shall be maintained. 21 . 06 . 070 Compensatory Storage Whenever any portion of a flood plain is authorized for eft. use, the volume of space which will be occupied by the authorized fill or structure below the base flood or 100-year frequency flood elevation shall be compensated for and balanced by a hydraulically equivalent volume of excavation taken from below the base flood or 100-year frequency flood elevation. The excavation volume shall be at least equal to the volume of storage lost due to the fill or structure. In the case of streams and watercourses, such excavation shall be made opposite or adjacent to the areas so filled or occupied. All flood plain storage lost below the existing 10-year flood elevation shall be replaced below the proposed 10-year flood elevation. All flood plain storage lost above the existing 10-year flood elevation shall be replaced above the proposed 10-year flood elevation. All such excavations shall be constructed to drain freely and openly to the watercourse. CHAPTER 21 . 07 PERMITTED REQUIREMENTS APPLICABLE TO ALL FLOOD PLAIN AREAS 21 . 07 .010 Permitting Requirements Applicable to All Flood Plain Area Generally r 40 In addition to the requirements found in Chapter 21 . 04, 21 .05, and 21 . 06 for development in flood fringes, regulatory floodways, and SFHA or flood plains where no floodways have been identified (Zones A, AO, AH, AE, Al-A30, A99, VO, V1-30, VE, V, M or E) , the following requirements shall be met. 21 . 07 . 020 Public Health Standards 21 . 07 . 030 Storage of Hazardous Materials No developments in the SFHA shall include locating or stor- ing chemicals, explosives, buoyant materials, animal wastes, fertilizers, flammable liquids, pollutants, or other hazardous or toxic materials below the FPE . 21 . 07 . 040 Water and Sanitary Systems New and replacement water supply systems, wells, 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. 21 . 07 . 050 Carrying Capacity and Notification For all projects involving channel modification, fill or eft. involving stream maintenance (including levees) , the flood carrying capacity of the watercourse shall be maintained. In addition, the City shall notify adjacent communities in writing 30 days prior to the issuance of a permit for the alteration or relocation of the watercourse. 21 .07 . 060 Protecting Buildings A. All buildings located within a 100-year flood plain also known as a SFHA, shall be protected from flood damage below the flood protection elevation. However, existing buildings located within a regulatory floodway shall also meet the more restrictive Appropriate Use standards included in Chapter 21 . 05 . This building protection criteria applies to the following situations : a. Construction or placement of a new building. b. A structural alteration to an existing building that either increases the first floor area by more than 20% or the building' s market value by more than 50% . This alteration shall be figured cumulatively, r 41 beginning with any alteration which has taken place subsequent to April 1, 1990. c. Installing a manufactured home on a new site or a new manufactured home on an existing site. This building protection requirements does not apply to returning a mobile home to the same site it lawfully occupied before it was removed to avoid flood damage; and d. Installing a travel trailer on a site for more than 180 days . B. This building protection requirement may be met by one of the following methods contained in Section 21 . 07 . 070 through Section 21 . 07 . 100 . 21 . 07 . 070 Construction Requirements A residential or non-residential building, when allowed may be constructed on permanent land fill in accordance with the following: a. The lowest floor, ( including basement) shall be at or above the flood protection elevation. b. The fill shall be placed in layers no greater than one ( 1) foot deep before compaction and should extend at least ten ( 10) feet beyond the foundation of the building before sloping below the flood protection elevation. The top of the fill shall be above the flood protection elevation. However, the ten ( 10) foot minimum may be waived if a structural engineer certifies an alternative method to protect the building from damages due to hydrostatic pressures . The fill shall be protected against erosion and scour. The fill shall not adversely effect the flow or surface drainage from or onto neighboring properties . 21 . 07 . 080 Building Elevation Requirements A residential or non-residential building may be elevated in accordance with the following: a. The building or improvements shall be elevated on crawl space, stilts, piles, walls, or other foundation that is permanently open to flood waters and not subject to damage by hydrostatic pressures of the base flood or 100-year frequency flood. The r 42 rik permanent openings shall be no more than one foot above grade, and consists of a minimum of two openings . The openings must have a total net area of not less than one square inch for every one square foot of enclosed area subject to flooding below the Base Flood Elevation. b. The foundation and supporting members shall be anchored and aligned in relation to flood flows and adjoining structures so as to minimize exposure to known hydrodynamic forces such as current, waves, ice and floating debris . c. All 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 flood protection elevation. Water and sewer pipes, electrical and telephone lines, submersible pumps, and other waterproofed service facilities may be located below the flood protection elevation. d. The areas below the flood protection elevation may only be used for the parking of vehicles, building access or storage of items not covered by the standard flood insurance policy in an area other than a basement. e. Manufactured homes shall be 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 77 Illinois Administrative Code 870. In addition, all manufactured homes shall meet the following elevation requirements : 1 . In the case of manufactured homes placed or substantially improved (a) outside of a manufactured home park or subdivision, (b) in a new manufactured home park or subdivision, (c) in an expansion to an existing manufactured home park or subdivision, or (d) in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage from a flood, the top of the lowest floor shall be elevated to or above the flood protection elevation. r 43 2 . In the case of manufactured homes placed or substantially improved in an existing manufactured home park or subdivision, the manufactured home shall be elevated so that either the top of the lowest floor is above the base flood elevation or the chassis is at least 36 inches in height above grade and supported by reinforced piers or other foundations of equivalent strength, whichever is less . f. Recreational vehicles or travel trailers shall be required to meet the elevation and anchoring requirements of Section 21 . 07 . 080(e) above unless : 1 . They are on site for less than 180 consecutive days; and, 2 . They are fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utility and service devices, and has no permanently attached additions . emk 21 . 07 . 090 Dry Floodproofing Only a non-residential building may be structurally dry floodproofed (in lieu of elevation) provided that a registered professional engineer shall certify that the building has been structurally dry floodproofed below the flood protection elevation, the structure and attendant utility facilities are watertight and capable of resisting the effects of the base flood or 100-year frequency flood. The building design shall take into account flood velocities, duration, rate of rise, 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 (Levees, berms, floodwalls and similar works are not considered floodproofing for the purpose of this subsection) . 21 . 07 . 091 Tool Sheds and Detached Garages Tool sheds and detached garages on an existing single-family platted lot, may be constructed with the lowest floor below the flood protection elevation in accordance with the following: 44 eimk a. The building is not used for human habitation. b. All areas below the base flood or 100-year frequency flood elevation shall be constructed with waterproof material . Structures located in a regulatory floodway shall be constructed and placed on a building site so as not to block the flow of flood waters and shall also meet the Appropriate Use criteria of Chapter 21 . 04 . In addition, all other requirements of Chapters 21 . 04 , 21 . 05 and 21 . 06 must be met. c. The structure shall be anchored to prevent flotation. d. Service facilities such as electrical and heating equipment shall be elevated or floodproofed to the flood protection elevation. e. The building shall be evaluated at less than $5,000 . 00 and be less than 500 square feet in floor size. f . The building shall be used only for the storage of vehicles or tools and may not contain other rooms, workshops, green houses or similar uses . 21 . 07 . 100 Non-Conforming Structures Non-conforming structures located in a regulatory floodway may remain in use, but may not be enlarged, replaced or structurally altered. A non-conforming structure damaged by flood fire, wind or other natural or man-made disaster may be restored unless the damage exceeds fifty percent (50%) of its market value before it was damaged, in which case it shall conform to this Ordinance. 21 . 07 . 101 Land Use Regulations The City Council shall take into account hazards, to the extent that they are known, in all official actions related to land management, use and development. A. New subdivisions, manufactured home parks, annexation agreements, and Planned Unit Development (PUD' s) within the SFHA shall be reviewed to assure that the proposed developments are consistent with Sections 21 . 04, 21. 05, 21 . 06 and 21 . 07 of this title and the need to minimize flood damage. Plats or plans for new subdivisions, manufactured home parks and Planned r 45 Unit Developments (PUD's) shall include a signed statement by a Registered Professional Engineer that the plat or plans account for changes in the drainage of surface waters in accordance with the Plat Act ( Ill . Rev. Stat. , Ch. 109 , Sec. 2) . B. Proposals for new subdivisions, manufactured home parks, travel trailer parks, planned unit developments (PUD' s) , additions to manufactured home parks and additions to subdivisions shall include base flood or 100-year frequency flood elevation data and floodway delineations . Where this information is not available from an existing study filed with the Illinois State Water Survey, the applicant' s engineer shall be responsible for calculating the base flood or 100-year frequency flood elevation, per Chapter 21 . 03 . 040(B) ; the floodway delineation, per the definition in Section 21 . 02 . 390; and submitting it to the State Water Survey and DWR for review and approval as best available regulatory data. C. Streets, blocks, lots, parks and other public grounds shall be located and laid out in such a manner as to preserve and utilize natural streams and channels . Wherever possible, the floodplains shall be included within parks or other public grounds . D. The City Council shall not approve any Planned Unit Development (PUD) or plat of subdivision located outside the corporate limits unless such agreement or plat is in accordance with the provisions of this Ordinance. CHAPTER 21 . 08 VARIANCES 21 . 08 . 010 General No variances shall be granted to any development located in a regulatory floodway as defined in Section 21 . 02 . 110 . However, when a development proposal is located outside of a regulatory floodway, and whenever the standards of this Ordinance place undue hardship on a specific development proposal, the applicant may apply to the Engineering Division for a variance. The Engineering Division shall review the applicant ' s request for a variance and shall submit its recommendation to the City Council . ork 46 21 . 08 . 020 Standards No variance shall be granted unless the applicant demonstrates that: a. The development activity cannot be located outside the SFHA; b. An exceptional hardship would result if the variance were not granted; c. The relief requested is the minimum necessary; d. There will be no additional threat to public health and safety or creation of a nuisance; e. There will be no additional public expense for flood protection, rescue or relief operations, policing, or repairs to roads, utilities, or other public facilities; f . The provisions of Sections 21 . 05 . 010 and 21 . 07 . 030 of this Ordinance shall still be met; g. The activity is not in a regulatory floodway. 21 . 08 . 030 Notice The Engineering Division shall notify an applicant in writing that a variance from the requirements of this title that would lessen the degree of protection to a building will : a. Result in increased premium rate for flood insurance up to amounts as high as $25 for $100 of insurance coverage; b. Increase the risks to life and property; and c . Require that the applicant proceed with knowledge of these risks and that he will acknowledge in writing that he assumes the risk and liability. 21 . 08. 040 Historical Structures Variances requested in connection with restoration of a historic site or historic structure may be granted using criteria more permissive than the requirements of Section 21 . 08 . 020, subject to the conditions that: r 47 (PP. a. The repair or rehabilitation is the minimum necessary to preserve the historic character and design of the structure; and, b. The repair or rehabilitation will not result in the structure being removed as a certified historic structure. CHAPTER 21 . 09 PENALTY 21 . 09 . 010 Penalty A. Failure to comply with the requirements of a permit or conditions of a variance resolution shall be deemed to be a violation of this Ordinance. Upon due investigation, the Engineering Division may determine that a violation of the minimum standards of this Ordinance exist. The Engineering Division shall notify the owner in writing of such violation. B. If such owner fails after ten days notice to correct the violation: eft. 1 . The City may make application to the Circuit Court for an injunction requiring conformance with this Ordinance or make such other order as the Court deems necessary to secure compliance with the Ordinance. 2 . Any person who violates this Ordinance shall, upon conviction thereof, be fined not less than fifty dollars ($50 . 00) or more than one-thousand dollars ( $1,000 . 00) for each offense. 3 . A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues . 4 . The City may record a notice of violation on the title to the property. C. The Engineering Division shall inform the owner that any such violation is considered a willful act to increase flood damages and, therefore, may cause coverage by a Standard Flood Insurance Policy to be suspended. erk 48 r D. Nothing herein shall prevent the City from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible. Section 17 . This Ordinance shall be in full force and effect from and after its passage and approval and publication, as required by law. WAAda4e*Oe George nDeVoorde, Mayor Presented: March 25, 1992 Passed: March 25, 1992 Omnibus Vote: Yeas 5 Nays 0 Recorded: Published: At st, w Dolonna Mecum, ty Clerk eft r 49