G14-92 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.
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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 :
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"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.
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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.
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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.
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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.
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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.
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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.
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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.
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[ 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.
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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
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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
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("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
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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
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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.
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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) .
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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
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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
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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
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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
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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;
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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
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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;
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(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
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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) .
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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
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(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
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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
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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
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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
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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
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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
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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.
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(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
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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
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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,
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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
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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.
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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:
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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
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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 .
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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:
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(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
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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
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