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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 CONFLICTING LAWS REPEALED All ordinances and resolutions in conflict herewith are hereby repealed, amended and replaced to the extent of such conflict.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 - 2 - 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. - 3 - 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 - 4 - 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 - 5 - 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 - 7 - 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)