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G5-98 Ordinance No. G5-98 AN ORDINANCE AMENDING CHAPTER 21 . 10 OF THE ELGIN MUNICIPAL CODE, ENTITLED FLOOD HAZARD AREAS WHEREAS, the city has adopted an ordinance regulating development in flood hazard areas for the purpose of promoting the public health, welfare and safety; and WHEREAS, the adopted ordinance was enacted to protect new building and major improvements to buildings from flood damage and assure that new development did not increase the flood hazards to others or create unstable conditions susceptible to erosion; and WHEREAS, the adopted ordinance was enacted to make federally subsidized flood insurance available for property located in the city by fulfilling the requirements of the National Flood Insurance Program; and WHEREAS, the Illinois Department of Natural Resources (the Department) has delegated to the city the authority to issue permits in accordance with Section 18g of the Rivers, Lakes and Streams Act ( 615 ILCS 5/18g) ; and WHEREAS, pursuant to rules and regulations adopted in accordance with Section 18g of the Rivers, Lakes and Streams Act, the Department can approve changes to the 100-year frequency flood profile and regulatory floodway when the original regulatory floodway delineation is shown to be in error based upon a review of physical data or the mathematical model; and WHEREAS, in 1995, the city retained the engineering firm of Hey and Associates, Inc . to analyze the Tyler Creek flood boundary and floodway maps prepared by the Federal Emergency Management Agency (FEMA) in 1989 ; and WHEREAS, the Tyler Creek Flood Plain Study prepared by Hey and Associates, Inc. and dated August 1, 1997 incorporated additional statistical rainfall data and survey information for the computer modeling used to establish floodplain maps that was not available to FEMA when the current Tyler Creek floodplain map was created in 1989 ; and WHEREAS, to utilize and apply the findings set forth in the Tyler Creek Flood Plain Study prepared by Hey and Associates, Inc. dated August 1, 1997, the city is amending its ordinance regulating development in flood hazard areas to incorporate the most recent data regarding the Tyler Creek floodplain. e"' NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE eft CITY OF ELGIN, ILLINOIS : Section 1 . That Chapter 21 . 10, entitled Flood Hazard Areas of the Elgin Municipal Code, 1976 , as amended, be and is hereby amended by amending Section 2 . 10 . 020 (W) , to read as follows : Floodplain means that land within the jurisdiction of the city as identified on the current Flood Insurance Rate Map prepared by the Federal Emergency Management Agency. The floodplain includes that land with ground surface elevations at or below the base flood or the one hundred-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 SFHAs 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 Tyler Creek SFHA shall be the more restrictive of the SFHA identified for Tyler Creek on the Flood Insurance Rate Map prepared by FEMA and dated February 21, 1989 or the Tyler Creek Floodplain Study by Hey and Associates, Inc. dated August 1, 1997 . The SFHAs of those parts of unincorporated Cook County 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. Section 2 . That Chapter 21 . 10, entitled Flood Hazard Areas of the Elgin Municipal Code, 1976 , as amended, be and is hereby amended by amending Section 2 . 10 . OR0(NN) , to read as follows : NN. Regulatory floodway means 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 one hundred-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 ten percent increase in velocities . The regulatory floodways are designated for the Fox River, Randall Road Tributary, and Lords Park Tributary on the Flood Boundary and Floodway map prepared by FEMA and dated February 21, 1989 . The regulatory floodway for Tyler Creek shall be the more restrictive of the floodways identified for Tyler Creek on the map prepared by FEMA and dated February 21, 1989 or the Tyler Creek Floodplain Study by Hey and Associates, Inc . dated August 1, 1997 . Poplar Creek is found on the Regulatory Floodplain Map prepared by DWR and dated July 1 , 1977 . The regulatory floodways for those parts of unincorporated Cook County and Kane County that are within the extraterritorial jurisdiction of the city or that may be annexed into the city are designated for the Fox River, Randall Road Tributary, Tyler Creek and Lords Park Tributary on the Flood Boundary and Floodway map prepared by FEMA (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. 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 . Section 3 . That Chapter 21 . 10, entitled Flood Hazard Areas of the Elgin Municipal Code, 1976, as amended, be and is hereby amended by amending Section 2 . 10 . 030 (B) , to read as tO/P► follows : Designated Rivers and Creeks . The base flood or one hundred-year frequency flood elevation for the SFHAs of Fox River, Randall Road Tributary, Lords Park Tributary and Poplar Creek, shall be as delineated on the one hundred-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 maps as may be prepared from time to time. The base flood or one hundred-year frequency flood elevation for the Tyler Creek SFHA shall be the more restrictive of the one hundred-year flood profiles in the Flood Insurance Study of the city prepared by FEMA (or the Department of Housing and Urban Development) dated September 1, 1981 or the one hundred-year flood profiles in the Tyler Creek Floodplain Study by Hey and Associates, Inc . dated August 1 , 1997 . Section 4 . That Chapter 21 . 10, entitled Flood Hazard Areas of the Elgin Municipal Code, 1976 , as amended, be and is hereby amended by amending Section 2 . 10 . 050 (A) , to read as follows : 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 Road Tributary, Tyler Creek, Lords Park Tributary and Poplar Creek shall be as delineated on the regulatory floodway maps designated by DWR and the Tyler Creek Floodplain Study by Hey and Associates, Inc. dated August 1, 1997 according and referenced in Section 21, 10 . 020(NN) . 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 . 10 . 070 . Section 5 . If any part of this amendatory ordinance or Chapter 21 . 10 of the Elgin Municipal Code, 1976, as amended, is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this amendatory ordinance or said Chapter 21 . 10 shall not be affected thereby. Section 6 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 7 . That this ordinance shall be in full force and r ' effect immediately after its passage in the manner provided by law. Kevin Kelly, Mayo Presented: January 14 , 1998 Passed: January 14 , 1998 Omnibus Vote: Yeas 5 Nays 0 Recorded: January 15, 1998 Published: Attest : 49, r 7(-4.7-C -e.C.LL Dol.nna Mecum, City Clerk