HomeMy WebLinkAboutOrdinances - O-77-103 - 05/31/1977 - FLOOD HAZARD AREA DEVELOPMENTD-77 103
AN ORDINANCE ADOPTING REGULATIONS FOR THE CONSTRUCTION, SUBSTANTIAL
IMPROVEMENT, SUBDIVISION OF LAND, PLACEMENT OF MOBILE HOMES OR OTHER
DEVELOPMENT IN RELATION TO FLOOD HAZARD AREAS
CITY OF MCHENRY ORDINANCE NO10
Be it ordained by the Mayor and City Council of McHenry, McHenry
County, Illinois, as follows:
Section 1. PURPOSE
The purpose of this ordinance is to avoid the hazards to persons
and damage to property resulting from flooding and to comply with the
Rules and Regulations of the National Flood Insurance Program as pro-
mulgated by the United States Department of Housing and Urban Develop-
ment, Federal Insurance Administration as provided in the Rules and
Regulations of the Federal Register, Vol. 41, No. 207, Tuesday, October
26, 1976, as amended, and which are hereby adopted by reference, and
filed in the office of the city clerk, pursuant to Illinois Law and
Illinois Revised Statutes Chapter 24, Section 11-30-2.
_ion 2. CONFLICTING LAWS REPEALED
All ordinances and resolutions in conflict herewith are hereby repealed,
amended and replaced to the extent of such conflict. The provisions of this
ordinance shall be deemed as additional requirements to minimum standards
required by other ordinances of the city. In case of conflicting require-
ments the most restrictive shall apply.
Section 3. DEFINITIONS
For the purpose of this ordinance, the following definitions are
adopted:
A. "Development" means: any man-made change to improved or
unimproved real estate, including but not limited to con-
struction of or substantial improvements to buildings or
other structures, the placement of mobile homes, mining,
dredging, filling, grading, paving, excavation or drilling
operations.
B. "Flood" or "Flooding" means: a general and temporary con-
dition of partial or complete inundation of normally dry
land areas from the overflow of inland waters, or the un-
usual and rapid accumulation or runoff of surface waters
from any source.
C. "Base flood" means: the flood having a one percent chance
of being equalled or exceeded in any given year. The base
flood is also known as the one hundred (100) year flood.
D. "Base flood elevation" means: the elevation in relation
to Mean Sea Level of the crest of the base flood.
E. "Structure" means: a walled and roofed building including
a gas or liquid storage tank that is principally above
ground, as well as a mobile home and a prefabricated building.
F. "Mobile home" means: a structure transportable in one or
more sections, which is built on a permanent chassis and
designed to be used with or without a permanent foundation
when connected to the required utilities. For the purpose
of this ordinance it does not include recreational vehicles
or travel trailers.
G. "Substantial improvement" means: any repair, reconstruction,
or improvement of a structure, the cost of which equals or
exceeds fifty percent ( 50%) of the market value of the struc-
ture either before the improvement or repair is started, or if
the structure has been damaged, and is being restored, before
the damage occured. The term does not, however, include either:
(I) any project for improvement of a structure to comply with
existing state or local health, sanitary, or safety code speci-
fications which are solely necessary to assure safe living
conditions, or (II) any alteration of a structure or site docu-
mented as deserving preservation by the Illinois Department of
Conservation or listed on the National Register of Historic
Places.
Section 4. FLOOD HAZARD BOUNDARY MAP /
The Flood Hazard Boundary Map No. % � 'l 0 / 4.7dated
and amendments thereto, delineating A Zones as areas that are susceptable
to the base flood as prepared by the United States Department of Housing
and Urban Development, Federal Insurance Administration, is hereby adopted
for the purpose of this ordinance and filed as a record in the office of
",e city clerk.
action 5. PERMIT REQUIRED
No person, firm or corporation shall commence any construction, sub-
stantial improvement, subdivision of land, placement of mobile homes or
other development in areas located in an A Zone without first obtaining
a permit from the Superintendent of Public Works. The Superintendent
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of Public Works shall not issue such permit for any con-
struction, substantial improvement, or other development that does not
comply with the provisions of this ordinance or that has been denied
a permit required by the Federal or State law including Section 404 of
-he Federal Water Pollution Control Act, 1972, 33 U.S.C. 1334.
,ection 6. APPLICATION
A'. Within areas designated as A Zones each application for
development shall be accompanied by elevations, in relation
to Mean Sea Level, of the lowest habitable floor, including
basement, and in the case of floodproofed structures, the
elevation to which it will be floodproofed.
B. The (TITLE OF OFFICIAL, OFFICE, OR AGENCY) shall require
certification from a registered professional engineer or
architect that floodproofing methods are adequate to with-
stand the flood depths, pressures, velocities, impact and
uplift forces, and other factors associated with the base
flood.
C. The application shall also contain information or certifi-
cation as reasonably may be required by the (TITLE OF OFFICIAL,
OFFICE, OR AGENCY) in order to determine eligibility for per-
mits or to enforce the terms of this ordinance.
Section 7. BASE FLOOD ELEVATION
The city council shall obtain, review, and reasonably utilize Base
Flood Elevation data available from federal, state, or other sources
until such time as such data has been received from the Federal Insurance
Administration. Base flood data received from the Federal Insurance
Administration shall take precedence over data from other sources.
Section 8. NEW CONSTRUCTION AND SUBSTANTIAL IMPROVEMENT STANDARDS
All new construction and substantial improvements to structures
located in an A Zone shall:
A. For residential structures have the lowest floor, including
basement, elevated to one (1) foot above the Base Flood
Elevation.
B. For non-residential structures have the lowest floor,
including basement, elevated or floodproofed to one (1)
foot above the Base Flood Elevation.
C. Be designed or modified and adequately anchored to prevent
flotation, collapse, or lateral movement of the structure.
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D. Be constructed with materials and utility equipment resistant
to flood damage.
E. Be constructed by methods and practices that minimize flood
damage to other properties.
F. Have all structural components below the Base Flood Eleva-
tion designed to be watertight with walls substantially
impermeable to the passage of water and such structural com-
ponents shall be designed to resist hydrostatic and hydrody-
namic loads and the effects of buoyancy.
Section 9. MOBILE HOME STANDARDS
A. All mobile home parks and mobile home subdivisions located
in an A Zone shall file evacuation plans indicating vehicular
access and escape routes, including mobile home hauler routes,
with the appropriate disaster preparedness authorities.
B. All mobile homes to be placed on a site located in an A Zone
shall:
(I) Have the lowest floor elevated one (1) foot
above the Base Flood Elevation.
(II) In the instance of elevation on pilings, have
all piling foundations placed in stable soil no
more than ten(10) feet apart, and reinforcement
shall be provided for piers more than six (6)
feet above ground.
(III) Have lots large enough to permit steps to the
mobile home, and have adequate surface drainage
on all sides of the structure.
(IV) Be placed to prevent flotation, collapse, or
lateral movement of the structure due to flooding.
(V) Be anchored according to the following specifications:
a. over -the -top ties shall be provided at each
of the four corners of the mobile home, with
two additional ties per side at intermediate
locations and mobile homes less than fifty (50)
feet long shall require one additional tie per
side;
b. frame ties shall be provided at each corner
of the mobile home with five (5) additional
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ties per side at intermediate points and
mobile homes less than fifty (50) feet long
shall require four (4) additional ties per side;
C. all components of the anchoring system shall be
capable of carrying four thousand eight hundred
(4,800) pounds; and
d. any additions to the mobile home shall be
similarly anchored.
Section 10. UTILITY STANDARDS
All new construction and substantial improvements to utilities
located in an A Zone shall provide that:
A. All new and replacement water supply systems shall be
designed to minimize or eliminate infiltration of flood
waters into the systems.
B. All new and replacement sanitary sewage systems shall be
designed to minimize or eliminate infiltration of flood
waters into the systems and discharges from the systems
into the flood, waters.
C. All new and replacement on -site waste disposal systems
shall be located to avoid impairment to them or contami-
nation from them during flooding.
Section 11. SUBDIVISION AND OTHER DEVELOPMENT STANDARDS
All subdivisions and other development located in an A Zone shall
provide that:
A. All subdivision and other development proposals shall
be designed to minimize flood damage to the proposed
subdivision or development site as well as to other
properties.
B. All public utilities and facilities, such as sewer, gas,
electrical, and water systems shall be located, elevated,
and constructed to minimize or eliminate flood damage.
C. Adequate drainage shall be provided so as to reduce
exposure to flood hazards.
D. For any proposed subdivision or new development greater
than fifty (50) lots or five (5) acres, whichever is the
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lesser, the applicant shall show the Base Flood
data for each lot or platted parcel. Provided,
Base Flood Elevation data is not available the
shall compute and provide this information for
platted parcel greater than fifty (50) lots or
whichever is lesser.
Section 12. RESERVED
Section 13. WATERCOURSE STANDARDS
Elevation
that if the
applicant
each lot or
five (5) acres,
The (TITLE OF OFFICIAL, OFFICE, OR AGENCY) shall notify adjacent
communities and the Illinois Department of Transportation, Division of
W- it Resources and the Federal Insurance Administration prior to any
_eration or relocation of a watercourse. The flood carrying capacity
:hin the altered or relocated portion of any watercourse shall be
_eintained.
Section 14. REPORTS AND RECORDS
A. The (TITLE OF OFFICIAL, OFFICE, OR AGENCY) shall provide the
city council, the Illinois Department of Transportation,
Division of Water Resources, and the Federal Insurance
Administration with an annual report on forms as provided
the city by the Federal Insurance Administration.
B. The (TITLE OF OFFICIAL, OFFICE, OR AGENCY) shall maintain
the records of first floor elevations, floodproofing certi-
fications, all variance documents required by Section 1910.6
(a)(5) and (6) of the Rules and Regulations of the National
Flood Insurance Program, permit applications, and all other
records required by the Federal Insurance Administration.
'tion 15. VARIANCES
Upon application and after fifteen (15) days notice of a public
hearing, the city council may grant a variance of this ordinance subject
to compliance with the provisions of Section 1910.6 (a) of the Rules
and Regulations of the National Flood Insurance Program and such other .
conditions as the city council deems necessary to comply with the intent
Of this ordinance.
Section 16. DISCLAIMER OF LIABILITY
The degree of flood protection required by this ordinance is
isidered reasonable for regulatory purposes and is based on engineering
_,d scientific methods of study. Larger floods may occur on rare occasions
or the flood height may be increased by man-made or natural causes. This
ordinance does not imply that development either inside or outside of
areas designated as an A Zone 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.
Section 17. PENALTIES FOR VIOLATION
Any person who violates this ordinance shall upon conviction
thereof be fined not less than $10.00 dollars nor more than $500.00
dollars and in addition, shall pay all costs and expenses involved in
litigation. A separate offense shall be deemed committed upon each day
during or on which a violation occurs or continues.
action 18. 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 19. EFFECTIVE DATE
This ordinance shall be in full force and effect from and after its
passage and approval, as required by law.
PASSED by the Mayor and City Council of the City of G
WoNg-K
Illinois, on the 3 day of NJAj� A, 1977 and deposited and
filed in the office of the Clerk in said city on that date.
Clerk of the City of c Enl Illinois
APPROVED by the Mayor of the City of Illinois, this
day of ILIA 1977.
ATTEST: f''�•
Joseph B. Stanek, Mayor, City of McHenry
Clerk of the City E Illinois
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STATE OF ILLINOIS
- COUNTY OF MCHENRY SS.
CERTIFICATION OF PUBLICATION
I, the undersigned, do hereby certify that I am
the duly qualified and acting City Clerk of the City of
McHenry, in the State and County aforesaid ("the City"), ,
and that I am the keeper of the minutes, journal of pro-
ceedings and other records of the Mayor and City Council
of the City.
I do further certify that on the 1 st -day of
JUNE , 19 77 , there was published in pamphlet
form, by authority of the City Council of the City, a
true, correct and complete copy of Ordinance No. 103
of the City providing for regulations for the construction, sub-
stantial improvement, subdivision of land, placement of mobile homes
or other development in relation to flood hazard areas.
and that said ordinance as so published was on said date
readily available for public inspection and distribution,
in sufficient number, at my office as City Clerk located
in the City.
IN WITNESS WHEREOF, I have affixed hereto my
official signature and the seal of the City this 1st
day of JUNE 2 1977 .
(SEAL)