HomeMy WebLinkAboutOrdinances - MC-92-579 - 07/01/1992 - Ch 8 repealed and replaced flood plain ordinanceORDINANCE NO. MC-92-579
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AN ORDINANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, McHENRY
COUNTY, ILLINOIS, as follows:
SECTION 1. Chapter 8 of the Municipal Code, City of McHenry, Illinois,
is hereby amended in its entirety to read as follows:
Sec. 8-1.0 Purpose.
This Ordinance is enacted pursuant to the police powers granted to this
City by Illinois Revised Statutes, Chapter 24, Sections 1-2-1, 11-12-12,
11-30-8 and 11-31-2:
Sec. 8-1.1 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.
Sec. 8-1.2 To assure that new development does not increase the flood or
drainage hazards to others, nor- create unstable conditions susceptible to
erosion;
Sec. 8-1.3 To protect new buildings and major improvements to buildings
from flood damage;
Sec.8-1.4 To protect human life and health from the hazards of flooding;
Sec. 8-1.5 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;
Sec. 8-1.6 To make federally subsidized flood insurance available for
property in the City by fulfilling the requirements of the National Flood
Insurance Program;
Sec. 8-1.7 To comply with the rules and regulations of the National Flood
Insurance Program codified as 44 CFR 59-79, as amended;
Sec. 8-1.8 To protect, conserve, and promote the orderly development of
land and water resources;
Sec. 8-1.9 To preserve the natural hydrologic and hydraulic functions of
watercourses and flood plains and to protect water quality and aquatic
habitats;
Sec. 8-1.10 To preserve the natural characteristics of stream corridors in
order to moderate flood and stormwater impacts, improve water quality,
reduce soil erosion, protect aquatic and riparian habitat, provide
recreational opportunities, provide aesthetic benefits and enhance community
and economic development.
Sec. 8-2.0 Definitions.
For the purposes of this Ordinance, the following definitions are
adopted:
Sec. 8-2.1 "Act" An Act in relation to the regulation of the
rivers, lakes and streams of the State of Illinois", I11.
Rev. Stat. 1987, Ch. 19, Par. 52 et seq.
Sec. 8-2.2 "Applicant" Any person, firm, corporation or agency
which submits an application.
Sec. 8-2.3 "Appropriate Use" Only uses of the regulatory floodway
that are permissible and will be considered for permit
issuance. The only uses that will be allowed are as
specified in Section 8-7.4.
Sec. 8-2.4 '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 Section 8-5.0 of this Ordinance.
Sec. 8-2.5 '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.
Sec. 8-2.6 "Channel" Any river, stream, creek, brook, branch,
natural or artificial depression, ponded area, flowage,
slough, ditch, conduit, culvert, gully, ravine, wash, or
natural or man-made drainageway, which has a definite bed
and banks or shoreline, in or into which surface or
groundwater flows, either perennially or intermittently.
Sec. 8-2.7 "Channel Modification" Alteration of a channel by
changing the physical dimensions or materials of its bed or
banks. Channel modification includes damming, rip -rapping
or other armoring, widening, deepening, straightening,
relocation, lining and significant removal of bottom or
woody vegetation. Channel modification does not include
the clearing of dead or dying vegetation, debris, or trash
from the channel. Channelization is a severe form of
channel modification typically involving relocation of the
existing channel (e.g. straightening).
Sec. 8-2.8 "Compensatory Storage" An artificially excavated,
hydraulically equivalent volume of storage within the SFHA
used to balance the loss of natural flood storage capacity
when artificial fill or structures are placed within the
flood plain. The uncompensated loss of natural flood plain
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storage can increase off -site floodwater elevations and flows.
Sec. 8-2.9 "Conditional Approval of a Regulatory Floodway Map Change"
Preconstruction approval by DWR and the Federal Emergency
management Agency of a proposed change to the 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.
Sec. 8-2.10 "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.
Sec. 8-2.11 "Control Structure" A structure designed to control the
rate of flow that passes through the structure, given a
specific upstream and downstream water surface elevation.
Sec. 8-2.12 "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.
Sec. 8-2.13 "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 highway use.
(c) Drilling, mining, installing utilities construction of
roads, bridges, storage of equipment or materials, or
similar projects.
(d) Redevelopment of a site.
(e) Clearing of land as an adjunct of construction.
(f) Construction or erection of levees, walls, fences,
dams; channel modification; filling, dredging, grading,
excavating, paving, or other non-agricultural
alterations of the ground surface; storage of
materials; deposit of solid or liquid waste.
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(g) Any other activity of man that might change the
direction, height, or velocity of flood or surface
water.
Development does not include maintenance of existing
buildings and facilities such as re -roofing or
re -surfacing 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.
Sec. 8-2.14 "DWR" Illinois Department of Transportation, Division of
Water Resources.
Sec. 8-2.15 "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.
Sec. 8-2.16 "Erosion" The general process whereby soils are moved by
flowing water or wave action.
Sec. 8-2.17 "Exempt Organizations" Organizations which are exempt
from this ordinance per the Ill. Rev. Stat. including
state, federa,�',or local units of government.
Sec. 8-2.17.1 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.
Sec. 8-2.18 "FEMA" Federal Emergency Management Agency and its
regulations at 44 CFR 59-79 effective as of October 1,
1986. This incorporation does not include any later
editions or amendments.
Sec. 8-2.19 "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.
Sec. 8-2.20 "Flood Frequency" A period of years, based on a
statistical analysis, during which a flood of a stated
magnitude may be expected to be equaled or exceeded.
Sec. 8-2.21 "Flood Fringe" That portion of the flood plain outside
of the regulatory floodway.
Sec. 8-2.22 "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 flood plains and may
or may not depict floodways.
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Sec. 8-2.23 "Flood Plain" That land typically adjacent to a body of
water with ground surface elevations at or below the base
flood or the 100-year frequency flood elevation. Flood
plains may also include detached Special Flood Hazard
Areas, ponding areas, etc. The flood plain is also known as
the Special Flood Hazard Area (SFHA). The flood plains are
those lands within the jurisdiction of the City that are
subject to inundation by the base flood or 100-year
frequency flood. The SFHA's of the City are generally
identified as such on the Flood Insurance Rate Map of the
City, prepared by the Federal Emergency Management Agency
and dated July 5, 1983. The SFHA's of those parts of
unincorporated McHenry County that are within the
extraterritorial jurisdiction of the City or that may be
annexed into the City are generally identified as such on
the Flood Insurance Rate Map prepared for McHenry County by
the Federal Emergency Management Agency and dated
September 30, 1981.
Sec. 8-2.24 "Floodproofing" Any combination of structural and
non-structural additions, changes or adjustments to
structures which reduce or eliminate flood damage to real
estate or improved real property, water and sanitary
facilities,. structures and their contents.
Sec. 8-2.25 "Floodproofing Certificate" 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.
Sec. 8-2.26 "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.
Sec. 8-2.27 "Freeboard" An increment of elevation added to the base
flood elevation to provide a factor of safety for
uncertainties in calculations, unknown localized
conditions, wave actions and unpredictable effects such as
those caused by ice or debris jams.
Sec. 8-2.27.1 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 or a district preliminarily
determined by the Secretary to qualify as a
registered historic district;
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(c) Individually listed on the State inventory of
historic places that has been certified 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.
Sec. 8-2.28 "Hydrologic and Hydraulic Calculations" Engineering
analysis which determine expected flood flows and flood
elevations based on land characteristics and rainfall
events.
Sec. 8-2.29 "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.
Sec. 8-2.30 "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.
Sec. 8-2.31 "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 connected to the required utilities. The term
manufactured homes does not include a "recreational
vehicle."
Sec. 8-2.32 "Manufactured Home Park or Subdivision" A parcel (or
contiguous parcels) of land divided into two or more
manufactured home lots for rent or sale.
Sec. 8-2.33 "Mitigation" Mitigation includes those measures
necessary to minimize the negative effects which flood
plain development activities might have on the public
health, safety and welfare. Examples of mitigation include
compensatory storage, soil erosion and sedimentation
control, and channel restoration.
Sec. 8-2.34 "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.
Sec. 8-2.35 "Natural" When used in reference to channels means those
channels formed by the existing surface topography of the
earth prior to changes made by man. A natural stream tends
to follow a meandering path; its flood plain is not
constrained by levees; the area near the bank has not been
cleared, mowed or cultivated; the stream flows over soil
and geologic materials typical of the area with no
substantial alteration of the course of cross-section of the
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stream caused by filling or excavating. A modified channel
may regain some natural characteristics over time as the
channel meanders and vegetation is re-established.
Similarly, a modified channel may be restored to more
natural conditions by man through regrading and
revegetation.
Sec. 8-2.36 "Ordinary High Water Mark (OHWM)" The point on the bank
or shore up to which the presence and action of surface
water is so continuous so as to leave a distinctive mark
such as by erosion, destruction or prevention of
terrestrial vegetation, predominance of aquatic vegetation
or other easily recognized characteristics.
Sec. 8-2.37 "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.
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Sec. 8-2.38 "Publicly Navigable Waters" All streams and lakes
capable of being navigated by watercraft.
Sec. 8-2.39 "Registered Land Surveyor" A land surveyor registered in
the State of Illinois under The Illinois Land Surveyors Act
(Ill. Rev. Stat. 1989. Ch. 111, Pars. 3251-3299).
Sec. 8-2.40 "Registered Professional Engineer" An engineer
registered in the State of Illinois, under The Illinois
Professional Engineering Act (Ill. Rev. Stat. 1989, Ch.
111, Pars 5201-5249).
Sec. 8-2.41 "Regulatory Floodway" The channel, including onstream
lakes, and that portion of the flood plain 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% increase in velocities.
The regulatory floodways are designated for the Fox River,
Boone Creek, and the Lakeland Park drainage ditch on the
Flood Boundary and Floodway Map prepared by FEMA and dated
July 5, 1983. The regulatory floodways for those parts of
unincorporated McHenry County that are within the
extraterritorial jurisdiction of the City that may be
annexed into the City are designated for the Fox River,
Boone Creek, Lakeland Park drainage ditch and Dutch Creek
on the Flood Boundary and Floodway Map prepared by FEMA and
dated September 30, 1981. To locate the regulatory
floodway boundary on any site, the regulatory floodway
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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, the
Division should be contacted for the interpretation.
Sec. 8-2.42 "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.
Sec. 8-2.43 "Retention/Detention Facility" A retention facility
stores stormwater runoff without a gravity release. A
detention facility provides for storage of stormwater
runoff and controlled release of this runoff during and
after a flood or storm.
Sec. 8-2.44 "Riverine SFHA" Any SFHA subject to flooding from a
river, creek, intermittent stream, ditch, on stream lake
system or any other identified channel. The term does not
include areas subject to flooding from lakes, ponding
areas, areas of sheet flow, or other areas not subject to
overbank flooding.
Sec. 8-2.45 "Runoff" The water derived from melting snow or rain
falling on the land surface, flowing over the surface of
the ground or collected in channels or conduits.
Sec. 8-2.46 "Sedimentation" The processes that deposit soils,
debris, and other materials either on other ground surfaces
or in bodies of water or watercourses.
Sec. 8-2.47 "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
and shown on a Flood Hazard Boundary Map or Flood Insurance
Rate Map as Zone A, A0, Al-30, AE, A99, AH, V0, V30, VE, V,
M, or E.
Sec. 8-2.48 "Structure"
constructed
construction,
any addition
on a site,
installing a
days.
The results of a man-made change to the land
on or below the ground, including the
reconstruction or placement of a building or
to a building; installing a manufactured home
prepared a site for a manufactured home or
travel trailer on a site for more than 180
Sec. 8-2.49 "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, 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 part 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 structure's continued designation as a "Historic
Structure".
Sec. 8-2.50 "Transition Section" Reaches of the stream or floodway
where water flows from a narrow cross-section to a wide
cross-section or vice versa.
Sec. 8-3.0 How to use this ordinance
The Building Officer shaU be responsible for fulfilling all of the
duties listed in Section 8-4.0.
To fulfill those duties, the Building Officer first should use the
criteria listed in Section 8-5.0, Base Flood Elevations, to determine
whether the development site is located within a floodplain. Once it has
been determined that a site is located within a flood plain, the Building
Officer must determine whether the development site is within a flood
fringe, a regulatory floodway, or within a SFHA or flood plain on which no
floodway has been identified. If the site is within a flood fringe, the
Building Officer shall require that the minimum requirements of Section
8-6.0 be met. If the site is within a floodway, the Building Officer shall
require that the minimum requirements of Section 8-7.0 be met. If the site
is located within a SFHA or flood plain for which no detailed study has been
completed and approved, the Building Officer shall require that the minimum
requirements of Section 8-8.0 be met.
In addition, the general requirements of Section 8-9.0 shall be met for
all developments meeting the requirements of Section 8-6.0, 8-7.0, or
8-8.0. The Building Officer shall assure that all subdivision proposals
shall meet the requirements of Section 8-10.0.
If a variance is to be granted for a proposal, the Building Officer
shall review the requirements of Section 8-11.0 to make sure they are met.
In addition, the Building Officer shall complete all notification
requirements.
In order to assure that property owners obtain permits as required in
this Ordinance, the Building Officer may take any and all actions as
outlined in Section 8-13.0.
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Sec. 8-4.0 Duties of the enforcement official(s)
The Building , Officer shall be responsible for the general
administration and enforcement of this Ordinance which shall include the
following:
Sec. 8-4.1 Determining the flood plain designation. Check all new
development sites to determine whether they are in a Special Flood Hazard
Area (SFHA). If they are in a SFHA, determine whether they are in a
floodway, flood fringe or a flood plain on which a detailed study has not
been conducted which drains more than one (1) square mile.
Sec. 8-4.2 Professional engineer review. If the development site is within
a floodway or in a flood plain on which a detailed study has not been
conducted which drains more than one (1) square mile then the permit shall
be referred to a registered professional engineer (P.E.) under the employ or
contract of the City for review to ensure that the development meets the
requirements of Section 8-7.0. In the case of an Appropriate Use, the P.E.
shall state in writing that the development meets the requirements of
Section 8-7.0.
Sec. 8-4.3 Dam safety requirements. Ensure that an DWR Dam Safety permit
has been issued or a letter indicating no Dam Safety permit is required, if
the proposed development acti'Vity includes construction of a dam as defined
in Section 8-2.12. Regulated dams may include weirs, restrictive culverts
or impoundment structures.
Sec. 8-4.4 Other permit requirements. Ensure that any and all required
federal, state and local permits are received prior to the issuance of a
flood plain development permit.
Sec. 8-4.5 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.
Sec. 8-4.6 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.
Sec. 8-4.7 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 Section
8-9.0 of this Ordinance for public inspection and provide copies of same;
Sec. 8-4.8 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
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floodproofing certificates for all buildings constructed subject to this
Ordinance.
Sec. 8-4.9 State permits. Ensure that construction authorization has been
granted by the Illinois Division of Water Resources, for all development
projects subject to Sections 8-7.0 and 8-8.0 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 92 Ill. Adm. Code 708 for construction in the regulatory
floodway and flood plain when floodways have not been defined in Sections
8-7.0 and 8-8.0 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 8-2.12 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 Sec. 8-7.9.
C. An engineer's determination that an existing bridge or
culvert cros'S-ing is not a source of flood damage and the
analysis indicating the proposed flood profile, per Section
8-7.5(e).
d. An engineer's analysis of the flood profile due to Section
8-7.5(d);
e. Alternative transition sections and hydraulically
equivalent compensatory storage as indicated in Section
8-7.5(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.
Sec. 8-4.10 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.
Sec. 8-4.11 Promulgate regulations. Promulgate rules and regulations as
necessary to administer and enforce the provisions of this Ordinance,
subject however to the review and approval of DWR and FEMA for any Ordinance
changes.
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Sec. 8-5.0 Base flood elevation
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 Flood Plain 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.
Sec. 8-5.1 The base flood or 100-year frequency flood elevation for the
SFHSAs of Fox River, Boone Creek, and the Lakeland Park drainage ditch,
shall be as delineated on the 100-year flood profiles in the Flood Insurance
Study of the City prepared by FEMA and dated January 5, 1983, and such
amendments to such study and maps as may be prepared from time to time.
Sec. 8-5.2 The base flood or 100-year frequency flood elevation for the
SFHAs of those parts of unincorporated McHenry County that are within the
extra -territorial 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 McHenry County prepared by FEMA and dated January 3,
1986, and such amendments or revisions to such study and maps as may be
prepared from time to time. —
Sec. 8-5.3 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.
Sec. 8-5.4 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 Flood Plain Information Repository. When no
base 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 flood flows 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. Flood flows should 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.
Sec. 8-6.0 Occupation and use of flood fringe areas
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
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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 Section 8-9.0.
Sec. 8-6.1 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 Building
Officer.
Sec. 8-6.2 Application for a development permit shall be made on a form
provided by the Building Officer. 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,
architect or land surveyor; existing grade elevations in M.S.L, 1929 adj.
datum or 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
Section 8-9.0 of this Ordinance.
Section 8-6.3 Upon receipts of a development permit application, the
Building Officer 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 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
identification.
Sec. 8-6.4 A soil erosion and sedimentation control plan for disturbed
areas shall be submitted. This plan shall include a description for the
sequence of grading activities and the temporary sediment and erosion
control measures to be implemented to mitigate their effects. This plan
shall also include a description of final stabilization and revegetation
measures, and the identification of a responsible party to ensure
post -construction maintenance.
Sec. 8-6.5 The Building Officer 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 Building Officer shall not issue a permit unless all other
local, state and federal permits have been obtained.
Sec. 8-6.6 Preventing increased damages. No development in the flood
fringe shall create a threat to public health and safety.
Sec. 8-6.7 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 revision (LOMR) from FEMA for the purpose of
removing the site from the flood plain.
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Sec. 8-6.8 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
1.5 times 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.
Sec. 8-7.0 Occupation and use of identified floodways
This section applies to proposed development, redevelopment, site
modification or building modification within a regulatory floodway. The
regulatory floodway for the Fox River, Boone Creek, and the Lakeland Park
drainage ditch shall be as delineated on the regulatory floodway maps
designated by DWR and referenced in Section 8-2.41. 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
Section 8-9.0.
Sec. 8-7.1 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 Building
Officer.
Sec. 8-7.2 Application for a development permit shall be made on a form
provided by the Building Officer. 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;
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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:
M 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;
(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,
location of any channels and any existing or future
access roads, 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,
specifications and dimensions of any proposed 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 soil erosion and sedimentation control plan for
disturbed areas. This plan shall include a
description for the sequence of grading activities
and the temporary sediment and erosion control
measures to be implemented to mitigate their
effects. This plan shall also include a description
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of final stabilization and revegetation measures, and
the identification of a responsible party to ensure
post -construction maintenance.
(v) 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 8-7.4.
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 indicted 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 and floodway limits; sealed by a registered
professional engineer, licensed architect 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 Section 8-9.0 of this
Ordinance.
q. If the proposed project involves a channel modification,
the applicant shall submit the following information:
(i) A discussion of the purpose of and need for the
proposed work;
(ii) A discussion of the feasibility of using alterative
locations or methods to accomplish the purpose of the
proposed work;
(iii) An analysis of the extent and permanence of the
impacts the project would have on the physical and
biological conditions of the body of water affected;
(iv) An analysis of the extent and permanence of the
impacts each feasible alternative identified in 8-7.5
(d)(i) of this Section would have on the physical and
biological conditions of the body of water affected;
and
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(v) An analysis of the impacts of the proposed project,
considering cumulative effects on the physical and
biological conditions of the body of water affected.
Sec. 8-7.3 The Building Officer 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 Building Officer 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 this Section.
Sec. 8-7.4 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 and welfare or impair
the natural hydrologic and hydraulic functions of the floodway or channel.
Construction impacts shall be minimized by appropriate mitigation methods as
called for in this Ordinance. Only those Appropriate Uses listed in 92 Ill.
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, excavatiop{-or channel modifications done to accommodate
otherwise non -appropriate uses in the floodway, fencing (including
landscaping or planting designed to act as a fence) and storage of materials
except as specifically defined below 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;
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 parallel 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; (Also
see Section 8-9.8 B for garage and tool shed exemption.)
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g. Bridges, culverts, roadways, sidewalks, railways, runways and
taxiways and any modification hereto;
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 -erosion 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.
Sec. 8-7.5 Within the regulatory floodway as identified on the regulatory
floodway maps designated by DWR, the construction of an Appropriate Use,
will be considered permissible provided that the proposed project meets the
following engineering and mitigation 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 8-9.0 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:
(I) Regulatory floodway conveyance,
K = 1.486AR2/3
n
where "n" is Manning's roughness factor, "A" is the
effective area of the cross-section, and "R" is the ratio
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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 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.
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 at least 1.5 times 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
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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 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 or stage, for all flood events up
to and including the 100-year frequency event. 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 ne�w' 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 Section 8-5.0 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
8-7.5(b).
(iii) Velocity increases must be mitigated per Section 8-7.5(c).
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(iv) If the crossing is proposed over a public water 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 8-7.4.
(vi) All excavations for the construction of the crossing shall
be designed per Section 8-7.5(h).
e. Reconstruction or modification of existing bridges, culverts, and
approach roads.
(i) 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.
(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 the Division 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 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 8-2.12
shall meet the permitting requirements of 92 Ill. Adm. Code 702
(Construction and Maintenance of Dams). If the proposed activity
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involves a modification of the channel or floodway to accommodate
an impoundment, it shall be demonstrated that:
(i) The impoundment is determined to be in the public interest
by providing flood control, public recreation, or regional
stormwater detention;
(ii) Impoundment design should include gradual bank slopes,
appropriate bank stabilization measures, and a
pre -sedimentation basin.
(iii) A non -point source control plan has been implemented in the
upstream watershed to control the effects of sediment
runoff as well as minimize the input of nutrients, oil and
grease, metals and other pollutants.
(iv) The project otherwise complies with the requirements of
Section 8-7.0
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 the
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 applicant's 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; and
(iii) When expanding or contracting flows in a vertical
direction, a minimum of one foot vertical transition for
every ten feet of steam length shall be used.
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(iv) Erosion/scour protection shall be provided inland upstream
and downstream of the transition sections.
i. If the proposed activity involves a channel modification, it
shall be demonstrated that:
(i) There are no practicable alternatives to the activity which
would accomplish its purpose with less impact to the
natural conditions of the body of water affected. Possible
alternatives include levees, bank stabilization, flood
proofing of existing structures, removal of structures from
the flood plain, clearing the channel, high flow channel,
or the establishment of a stream side buffer strip or green
belt.
(ii) The activity has been planned and designed and will be
constructed in a way which will minimize its adverse
impacts on the natural conditions of the body of water
affected, consistent with the following criteria:
(a) The physical characteristics of the modified channel
shall match as closely as possible those of the
existing channel in length, cross-section, slope and
sinuosity.
(b) Hydraulically effective transitions shall be provided
at both the upstream and downstream ends of the
project designed such that they will prevent erosion.
(c) one-sided construction of a channel shall be used
when feasible. Removal of streamside (riparian)
vegetation should be limited to one side of the
channel, where possible, to preserve the shading and
stabilization effects of the vegetation.
(d) Clearing of vegetation shall be limited to that which
is essential for construction of the channel.
(e) Channel banks shall be constructed with a side slope
no steeper than 3:1 horizontal to vertical, wherever
practicable. Natural vegetation and gradual side
slopes are the preferred methods for bank
stabilization. Where high velocities or sharp bends
necessitate the use of alternative stabilization
measures, natural rock or rip -rap are preferred
materials. Artificial materials such as concrete,
gabions, or construction rubble should be avoided
unless there are no practicable alternatives.
(f) All disturbed areas associated with the modification
shall be seeded or otherwise stabilized as soon as
possible upon completion of construction. Erosion
blanket or an equivalent material shall be required
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f
to stabilize disburged channel banks prior to
establishment of the vegetative cover.
(g) A sediment basin shall be installed at the downstream
end of the modification to reduce sedimentation and
degradation of downstream water quality.
(h) New or relocated channels should be built in the dry
and all items of construction, including vegetation,
should be completed prior to diversion of water into
the new channel.
(i) There shall be no increases in stage or velocity as
the channel enters or leaves the project site for any
frequency flood unless necessitated by a public flood
control project or unless such an increase is
justified as part of a habitat improvement or erosion
control project.
(j) Unless the modification is for a public flood control
project, there shall be no reduction in the volume of
floodwater storage outside the floodway as a result
of the modification; and
(iv) The project otherwise complies with the requirements of
Section 8-7.0.
J. Seeding and stabilization plan. For all activities located in a
floodway, a seeding and stabilization plan shall be submitted by
the applicant.
k. Soil erosion and sedimentation measures. For all activities in
the floodway, including grading, filling, and excavation, in
which there is potential for erosion of exposed soil, soil
erosion and sedimentation control measures shall be employed
consistent with the following criteria:
(i) The construction area shall be minimized to preserve the
maximum vegetation possible. Construction shall be
scheduled to minimize the time soil is exposed and
unprotected. In no case shall the existing natural
vegetation be destroyed, removed, or disturbed more than 15
days prior to the initiation of improvements.
(ii) Temporary and/or permanent soil stabilization shall be
applied to denuded areas as soon as possible. As a
minimum, soil stabilization shall be provided within 15
days after final grade is reached on any portion of the
site, and within 15 days to denuded areas which may not be
at final grade but will remain undisturbed for longer than
60 days.
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(iii) Sedimentation control measures shall be installed before
any significant grading or filling is initiated on the site
to prevent the movement of eroded sediments off site or
into the channel. Potential sediment control devices
include filter fences, straw bale fences, check dams,
diversion ditches, and sediment basins.
(iv) A vegetated buffer strip of at least 25 feet in width shall
be preserved and/or re-established, where possible, along
existing channels. Necessary construction in or along
channels shall be restabilized immediately.
1. 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.
M. General criteria for analysis of flood elevations.
(i) The flood profiles, flows and floodway data in the
regulatory floodway study, referenced in Section 8-5.0,
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 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.
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n. 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.
o. Professional engineer's supervision. All engineering analyses
shall be performed by or under the supervision of a registered
professional engineer.
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.
Sec. 8-7.6 State review. For those projects listed below located in a
regulatory floodway, the following criteria shall be submitted to DWR for
their 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 8-7.5(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 8-7.5(e).
C. The DWR will review alternative transition sections and
hydraulically equivalent storage pursuant to Section 8-7.5 (a, b
and h).
d. The DWR will review and approve prior to the start of
construction any Department projects, dams (as defined in Section
8-2.12) and all other state, federal or local units of government
projects, including projects of the municipality or county,.
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Sec. 8-7.7 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.
Sec. 8-7.8 Dam safety permits. Any work involving the construction,
modification or removal of a dam as defined in Section 8-2.12 per 92 Ill.
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 Building Officer finds a dam that does not
have a DWR permit, the Building Officer shall immediately notify the Dam
Safety Section of the Division of Water Resources. If the Building Officer
finds a dam which is believed to be in unsafe condition, the Building
Officer shall immediately notify the owner of the dam, DWR, Dam Safety
Section in Springfield and the Illinois Emergency Services and Disaster
Agency (ESDA).
Sec. 8-7.9 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
I elevations, 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 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 elevations, and
(iii) Are designed so as not to cause stream erosion at the
outfall location.
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c. Construction of sidewalks, athletic fields (excluding fences),
properly anchored playground equipment and patios at grade.
d. Construction of shoreline and streambank protection that:
(i) Does not exceed 1000 feet in length.
(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.
(iv) Vegetative stabilization and gradual side slopes are the
preferred mitigation methods for existing erosion
problems. Where high channel velocities, sharp bends or
wave action necessitate the use of alternative
stabilization measures, natural rock or rip -rap are
preferred materials. Artificial materials such as
concrete, construction rubble, and gabions should be
avoided unless there are no practicable alternatives.
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.
Sec. 8-8.0 Occupation and use of SFHA areas where floodways are not
identified.
In SFHA or flood plains, (including AO Zones, AH Zones or Un-numbered A
Zones) where no floodways have been identified and 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
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the flow and passage of the floodwaters nor significantly increase the base
flood or 100-year frequency flood elevation.
Sec. 8-8.1 Development permit. 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 Building Officer. Application for a development permit shall be made on
a form provided by the Building Officer. 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, architect or
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 Section 8-9.0 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, onthe 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
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;
(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 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,
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10-year frequency flood elevation, 100-year frequency flood
elevation, and graphical or numerical scales (horizontal
and.vertical); and
(iv) A soil erosion and sedimentation control plan for disturbed
areas. This plan shall include a description of the
sequence of grading activities and the temporary sediment
and erosion control measures to be implemented to mitigate
their effects. This plan shall also include a description
of final stabilization and revegetation measures, and the
identification of a responsible party to ensure
post -construction maintenance.
e. Engineering calculations and supporting data shall be submitted
showing that the proposed work will meet the criteria of Section
8-8.4.
f. Any and all other local, state and federal permits or approvals
that may be required for this type of development.
Sec. 8-8.2 Based on the best available existing data according to the
Illinois State Water Survey's Flood Plain Information Repository, the
Building Officer 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 8-5.4. 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
identification.
Sec. 8-8.3 The Building Officer 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 Building Officer shall not issue the development permit
unless all required local, state and federal permits have been obtained.
Sec. 8-8.4 Preventing increased damages. 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,
safety and welfare or impair the natural hydrologic and hydraulic functions
of the floodway or channel.
Sec. 8-8.5 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
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Section 8-7.5(a) through (1) for the entire flood plain as
calculated under the provisions of Section 8-5.4 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. Under acceptance of their floodway by the Department,
the developer shall then demonstrate that the project meets the
requirements of Section 8-7.0 for the regulatory floodway. The
floodway shall be defined according to the definition in Section
8-2.41 of this Ordinance.
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' 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 8-2.12 shall obtain an
Illinois Division of Water Resources Dam Safety permit or letter
indicting a permit is not required prior to the start of
construction of a dam. If the Building Officer finds a dam that
does not have an DWR permit, the Building Officer shall
immediately notify the Dam Safety Section of the Division of
Water Resources. If the Building Officer finds a dam which is
believed to be in unsafe condition, the Building Officer 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:
(i) 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 streambed, and
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(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.
(c) Materials are placed so as not to reduce the
cross -sectional area of the stream channel by more
than 10%.
(d) Vegetative stabilization and gradual side slopes are
the preferred mitigation methods for existing erosion
problems. Where high channel velocities, sharp bends
or wave action necessitate the use of alternative
stabilization measures, natural rock or rip -rap are
preferred materials. Artificial materials such as
concrete, construction rubble, and gabions should be
avoided unless thee are no practicable alternatives.
(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. Any fill
in the channel shall be non -erosive material, such as
rip -rap or gravel.
(d) All disturbed stream banks will be seeded or
otherwise stabilized as soon as possible upon
installation and again upon removal of construction.
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(e) The access road and temporary crossings will be
removed within one year after 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 of the existing building, and which do not
extend beyond,,' the sides of the existing building that are
parallel to the flow of flood waters;
(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.
Sec. 8-8.6 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
1.5 times 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 a 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
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flood elevation. All such excavations shall be constructed to drain freely
and openly to the watercourse.
Sec. 8-9.0 Permitting requirements applicable to all flood plain areas.
In addition to the requirements found in Sections 8-6.0, 8-7.0 and
8-8.0 for development in flood fringes, regulatory floodways, and SFHA or
flood plains where no floodways have been identified (Zones A, A0, AH, AE,
Al-A30, A99, V0, V1-30, VE, V, M or E), the following requirements shall be
met.
Sec. 8-9.1 Public health standards.
Sec. 8-9.2 No developments in the SFHA shall include locating or storing
chemicals, explosives, buoyant materials, animal wastes, fertilizers,
flammable liquids, pollutants, or other hazardous or toxic materials below
the FPE.
Sec. 8-9.3 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.
Sec. 8-9.4 Carrying capacity and notification. For all projects involving
channel modification, fill, or 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.
Sec. 8-9.5 Protecting buildings. 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 Section 8-7.0. 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, 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
requirement 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.
This building protection requirement may be met by one of the following
methods.
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Sec. 8-9.6 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.
Sec. 8-9.7 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
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. No area below the flood protection elevation shall be used for
storage of items or materials.
e. Manufactured homes and travel trailers to be installed on a site
for more than 180 days, shall be elevated to or above the flood
protection elevation; and, 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 Ill. Adm. Code 870.
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f. Recreational vehicles or travel trailers shall be required to
meet the elevation and anchoring requirements of Subsection
8-9.7e 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.
Sec. 8-9.8 A. 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 utilities 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).
B. 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:
(1) The building is not used for human habitation.
(2) 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
Section 8-7.0. In addition, all other requirements of Section
8-6, 8-7 and 8-8 must be met.
(3) The structure shall be anchored to prevent flotation.
(4) Service facilities such as electrical and heating equipment shall
be elevated or floodproofed to the flood protection elevation.
(5) The building shall be not more than 500 square feet in floor size.
(6) The building shall be used only for the storage of vehicles or
tools and may not contain other rooms, workshops, greenhouses or
similar uses.
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Sec. 8-9.9 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.
Sec. 8-10.0 Other development requirements.
The City Council shall take into account flood hazards, to the extent
that they are known in all official actions related to land management, use
and development.
Sec. 8-10.1 New subdivisions, manufactured home parks, annexation agreements,
and Planned Unit Developments (PUDs) within the SFHA shall be reviewed to
assure that the proposed developments are consistent with Sections 8-6.0,
8-7.0, 8-8.0 and 8-9.0 of this Ordinance and the need to minimize flood
damage. Plats or plans for new subdivisions, manufactured home parks and
Planned Unit Developments (PUDs) 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).
Sec. 8-10.2 Proposals for new subdivisions, manufactured home parks, travel
trailer parks, planned unit developments (PUDs) and 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 Section
8-5.4 floodway delineation per the definition in Section 8-2.41 and submitting
it to the State Water Survey and DWR for review and approval as best available
regulatory data.
Sec. 8-10.3 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 flood plains shall be included
within parks or other public grounds.
Sec. 8-10.4 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.
Sec. 8-11.0 variances.
No variances shall be granted to any development located in a regulatory
floodway, as defined in Section 8-2.13. 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 City of McHenry Zoning Board of Appeals for a
variance. The City of McHenry Zoning Board of Appeals shall review the
applicant's request for a variance and shall submit its recommendation to the
City Council.
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Sec. 8-11.1 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, safety.
e. There will be no additional public expense for flood protection,
lost environmental stream uses and functions, rescue or relief
operations, policing, or repairs to stream beds and banks, roads,
utilities, or other public facilities;
f. The provisions of Sections 8-6.6 and 8-8.4 of this Ordinance
shall still be met;
g. The activity is not in a regulatory floodway;
h. The applicant's circumstances are unique.
Sec. 8-11.2 The Building Officer shall notify an applicant in writing that
a variance from the requirements of Section 8-9.0 that would lessen the
degree of protection to a building will:
a. Result in increased premium rates 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.
Sec. 8-11.3 Variances requested in connection with restoration of a
historic site or historic structure as defined in Subsection 8-2-27.1,
Historic Structures, may be granted using criteria more permissive than the
requirements of Section2 8-11.1 and 8-11.2, subject to the conditions that:
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.
Sec. 8-12.0 Disclaimer of liability.
The degree of flood protection required by this Ordinance is considered
reasonable for regulatory purposes and is based on available information
derived from engineering and scientific methods of study. Larger floods may
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occur or flood heights may be increased by man-made or natural causes. This
Ordinance does not imply that development, either inside or outside of the
SFHA, will be free from flooding or damage. This Ordinance 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 Ordinance or any
administrative decision made lawfully thereunder.
Sec. 8-13.0. Penalty.
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 Building Officer may determine that a violation
of the minimum standards of this Ordinance exist. The Building Officer
shall notify the owner in writing of such violation.
Sec. 8-13.1 If such owner fails after ten days notice to correct the
violation:
a. The City may make application to the Circuit Court of McHenry
County, Illinois for an injunction requiring conformance with
this Ordinance or make such other order as the Court deems
necessary to secure compliance with the Ordinance.
b. 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.
C. A separate offense shall be deemed committed upon each day during
or on which a violation occurs or continues.
d. The City may record a notice of violation on the title to the
property.
Sec. 8-13.2 The Building Officer 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.
Sec. 8-13.3 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.
Sec. 8-14.0 Abrogation and greater restrictions.
This Ordinance is 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.
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Sec. 8-15.0 Separability.
The provisions and sections of this Ordinance shall be deemed separable
and the invalidity of any portion of this Ordinance shall not affect the
validity of the remainder.
SECTION 2. All ordinances, or parts thereof, in conflict with the
terms and provisions hereof, be and the same are hereby repealed to the
extent of such conflict.
SECTION 3. This ordinance shall be published in pamphlet form by and
under the authority of the corporate authorities of the City of McHenry,
Illinois.
SECTION 4. This ordinance shall be in full force and effect from and
after its passage, approval and publication, as provided by law.
PASSED this 1st day of July, 1992.
AYES: Bolger, Donahue, Serritella, Patterson, Adams
NAYS: None
ABSENT: Lieder, Locke, Smith
NOT VOTING: None
ABSTAINED: None
APPROVED this 1st day of July, 1992.
M or
ATTEST:
i
City Clerk
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