Ordinance 2004-18 ORDINANCE # C&4— kCK
AN ORDINANCE REGULATING DEVELOPMENT IN FLOODPLAIN AREAS
Be it ordained by the United City of Yorkville, Illinois as follows:
Section 1. Purpose.
This ordinance is enacted pursuant to the police powers granted to the United City of
Yorkville' by the Illinois Municipal Code (65 IL. Compiled Statutes 5/1-2-1, 5/11-12-12,
5/11-30-2, 5/11-30-8, and 5/11-31-2) in order to accomplish the following purposes:
a. to prevent unwise developments from increasing flood or drainage hazards to others;
b. to protect new buildings and major improvements to buildings from flood damage;
c. to promote and protect the public health, safety, and general welfare of the citizens from
the hazards of flooding;
d. to lessen the burden on the taxpayer for flood control, repairs to public facilities and
utilities, and flood rescue and relief operations;
e. to maintain property values and a stable tax base by minimizing the potential for
creating blight areas; and
f. to make federally subsidized flood insurance available.
g. To preserve the natural characteristics and functions of watercourses and
floodp/ains in order to moderate flood and stormwater impacts, improve water
equality, reduce soil erosion, protect aquatic and riparian habitat, provide
recreational opportunities, provide aesthetic benefits and enhance community and
economic development.
Section 2. Definitions.
For the purposes of this ordinance, the following definitions-are adopted:
a. "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 flood. The base flood
elevation at any location is as defined in Section 3 of this ordinance.
b. "Base Flood Elevation" (BFE) The elevation in relation to mean sea level of the crest of
the base flood.
c. "Building" A structure that is principally above ground and is enclosed by walls and a
roof including manufactured homes, prefabricated buildings, and gas or liquid storage
tanks. The term also includes recreational vehicles and travel trailers installed on a site for
more than 180 days per year.
d. " Critical Facility" Any public or private facility which, if flooded, would create an
added dimension to the disaster or would increase the hazard to life and health.
Examples are public buildings, emergency operations and communication centers,
health care facilities and nursing homes, schools, and toxic waste treatment,
handling or storage facilities.
e. "Development" Any man-made change to real estate including, but not necessarily
limited to:
i. Demolition, construction, reconstruction, repair, placement of a building, or any
structural alteration to a building,
ii. substantial improvement of an existing building;
iii. installation of 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 per year,
iv. installation of utilities, construction of roads, bridges, culverts or similar projects;
v. construction or erection of levees, dams, walls, or fences;
vi. drilling, mining, filling, dredging, grading, excavating, paving, or other alterations of
the ground surface;
vii. storage of materials including the placement of gas and liquid storage tanks; and
viii. channel modifications or any other activity that might change the direction, height, or
velocity of flood or surface waters.
"Development" does not include routine maintenance of existing buildings and facilities;
resurfacing roads; or gardening, plowing, and similar practices that do not involve filling,.
grading, or construction of levees.
f. TEMA" Federal Emergency Management Agency.
g. "Flood" A general and temporary condition of partial or complete inundation of normally
dry land areas from the overflow, the unusual and rapid accumulation, or the runoff of
surface waters from any source.
h. "Flood Fringe" That portion of the floodplain outside of the;regulatory floodway.
i. "Flood Insurance Rate Map" A map prepared by the Federal Emergency Management
Agency that depicts the floodplain or special flood hazard area (SFHA) within a
community. This map includes insurance rate zones and may or may not depict floodways
and show base flood elevations.
j. "Floodplain" and "Special Flood Hazard Area (SFHA) are synonymous. Those lands
within the jurisdiction of the United City of Yorkville that are subject to inundation by the
base flood. The floodplains of the Fox River and Blackberry Creek are generally identified
as such on the Flood Insurance Rate Map of the United City of Yorkville prepared by the
Federal Emergency Management Agency and dated June 1, 1982. The floodplains of
those parts of unincorporated that are within the extraterritorial jurisdiction of the United
City of Yorkville or that may be annexed into the United City of Yorkville are generally
identified as such on the Flood Insurance Rate Map prepared for Kendall County by the
Federal Emergency Management Agency and dated June 1, 1982 Floodplain also
includes those areas of known flooding as identified by the community.
k. "Flood proofing" Any combination of structural or nonstructural additions, changes, or
adjustments to structures which reduce or eliminate flood damage to real estate, property
and their contents.
I. "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.
m. "Flood Protection Elevation" or"FPE" The elevation of the base flood plus one foot of
freeboard at any given location in the floodplain.
n. "Floodway" That portion of the floodplain required to store and convey the base flood.
The floodway for the floodplains of Fox River and Blackberry Creek shall be as
delineated on the Flood Boundary and Floodway Map prepared by FEMA and United
City of Yorkville. The floodways for each of the remaining floodplains of the United City
of Yorkville shall be according to the best data available from Federal, State, or other
sources.
o. "IDNR/OWR" Illinois Department of Natural Resources/Office of Water Resources.
p. "Manufactured Home" A structure transportable in one or more sections, that is built on
a permanent chassis and is designed to be used with or without a permanent foundation
when connected.to required utilities.
q. "NFIP" National Flood Insurance Program.
r. "Repetitive Loss" Flood related damages sustained by a structure on two
separate occasions during a ten year period for which the cost of repairs at the time
of each such flood event on the average equals or exceeds 25% of the market value
of the structure before the damage occurred.
s. "SFHA" See definition of floodplain.
t. "Substantial Damage"Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damage condition would equal or exceed
50% of the market value of the structure before the damage occurred regardless of
actual repair work performed. Volunteer labor and materials must be included in this
determination.
u. "Substantial Improvement" Any reconstruction, rehabilitation, addition, or
improvement of a structure, the cost of which equals or exceeds 50 percent of the
market value of the structure before the improvement or repair is started,
"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 structure
listed on the National Register of Historic Places or the Illinois Register of Historic
Places,
v. "Travel Trailer' (or Recreational Vehicle) A vehicle which is:
(i) built on a single chassis;
(ii) 400 square feet or less in size;
(iii) designed to be self-propelled or permanently towable by a light duty truck; and
(iv) designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use.
Section 3. Base Flood Elevation.
This ordinance's protection standard is the base flood. The best available base flood data
are listed below. Whenever a party disagrees with the best available data, the party shall
finance the detailed engineering study needed to replace the existing data with better data
and submit it to the FEMA and IDNR/OWR for approval prior any development of the
site.
a. The base flood elevation for the floodplains of the Fox River shall be as delineated on
the 100-year flood profiles in the Flood Insurance Study of the United City of Yorkville
prepared by the Federal Emergency Management Agency and dated June 1, 1982. The
floodways and base flood elevation for the floodplains of Blackberry Creek shall be
the 500-year flood profiles as delineated in the publication titled " Floodplain
Management Study — Blackberry Creek and Tributaries, Kane-Kendall Counties,
Illinois" , dated June 1989, by the United States Department of Agriculture, Soil
Conservation Service.
b. The base flood elevation for each floodplain delineated as an "AH Zone" or"AO Zone"
shall be that elevation (or depth) delineated on the Flood Insurance Rate Map of the
United City of Yorkville.
c. The base flood elevation for each of the remaining floodplains delineated as an "A
Zone" on the Flood Insurance Rate Map of the United City of Yorkville shall be according to
the best data available from federal, state or other sources. Should no other data exist, an
engineering study must be financed to determine base flood elevations.
d. The base flood elevation for the floodplains of those parts of unincorporated Kendall
County that are within the extraterritorial jurisdiction of the United City of Yorkville, or that
may be annexed into the United City of Yorkville, shall be as delineated on the 100-year
flood profiles of the Flood Insurance Study of Kendall County prepared by the Federal
Emergency Management Agency and dated June 1, 1982.
Section 4. Duties of the Code Official:
The duty of the Code Official shall be responsible for the general administration of this
ordinance and ensure that all development activities within the floodplains under the
jurisdiction of the United City of Yorkville meet the requirements of this ordinance.
Specifically, the Code Official shall:
a. Process development permits in accordance with Section 5;
b. Ensure that all development in a floodway(or a floodplain with no delineated floodway)
meets the damage prevention requirements of Section 6;
c. Ensure that the building protection requirements for all buildings subject to Section 7 are
met and maintain a record of the "as-built' elevation of the lowest floor (including
basement) or floodproof certificate;
d. Assure that all subdivisions and annexations meet the requirements of Section 8;
e. Ensure that water supply and waste disposal systems meet the Public Health
standards of Section 9;
f. If a variance is requested, ensure that the requirements of Section 10 are met and
maintain documentation of any variances granted;
g. Inspect all development projects and take any and all actions outlined in Section 12 as
necessary to ensure compliance with this ordinance;
h. Assure that applicants are aware of and obtain any and all other required local, state,
and federal permits;
i. Notify IDNR/OWR and any neighboring communities prior to any alteration or relocation
of a watercourse;
j. Provide information and assistance to citizens upon request about permit procedures
and floodplain construction techniques;
k. Cooperate with state and federal floodplain management agencies to coordinate base
flood data and to improve the administration of this ordinance; and
I. Maintain for public inspection base flood data, floodplain maps, copies of state and
federal permits, and documentation of compliance for development activities subject to this
ordinance.
m. Perform site inspections and make substantial damage determinations for
structures within the floodplain.
n. Maintain the accuracy of floodplain maps including notifying IDNR/OWR and/or
submitting information to FEMA within 6 months whenever a modification of the
floodplain may change the base flood elevation or result in a change to the
floodplain map,
Section 5. Development Permit.
No person, firm, corporation, or governmental body not exempted by law shall commence
any development in the floodplain without first obtaining a development permit from the
Code Official. The Code Official shall not issue a development permit if the proposed
development does not meet the requirements of this ordinance.
a. The application for development permit shall be accompanied by:
i. drawings of the site, drawn to scale showing property line dimensions;
ii. existing grade elevations and all changes in grade resulting from excavation or filling;
iii. the location and dimensions of all buildings and additions to buildings; and
iv. the elevation of the lowest floor(including basement) of all proposed buildings subject
to the requirements of Section 7 of this ordinance.
V. cost of project or improvements as estimated by a licensed engineer or
architect. A signed estimate by a contractor may also meet this requirement.
b. Upon receipt of an application for a development permit, the Code Official shall
compare the elevation of the site to the base flood elevation. Any development located
on land that can be shown by survey data to be higher than the current base flood
elevation and which has not been filled after the date of the site's first Flood
insurance Rate Map is not in the floodplain and therefore not subject to the
requirements of this ordinance. .Conversely, any development located on land
shown to be below the base flood elevation and hydraulically connected, but not
shown on the current Flood Insurance Rate Map is subject to the provisions of this
ordinance. The Code 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.
Section 6. Preventino Increased Flood Heights and Resultinq Damaqes.
Within the floodway identified on the Flood Boundary and Floodway Map, and within all
other floodplains where a floodway has not been delineated, the following standards shall
apply:
a. Except as provided in Section 6b, no development shall be allowed which, acting in
combination with existing and anticipated development, will cause any increase in flood
heights or velocities or threat to public health and safety. The following specific
development activities shall be considered as meeting this requirement:
L Barge fleeting facilities meeting the conditions of IDNR/OWR Statewide Permit No. 3;
ii. Aerial utility crossings meeting the conditions of IDNR/OWR Statewide Permit No. 4;
iii. Minor boat docks meeting the conditions of IDNR/OWR Statewide Permit No. 5;
iv. Minor, non-obstructive activities meeting the conditions of IDNR/OWR Statewide
Permit No 6;
v. Outfall structures and drainage ditch outlets meeting the conditions of IDNR/OWR
Statewide Permit. No. 7;
vi. Underground pipeline and utility crossings meeting the conditions of IDNR/OWR
Statewide Permit No. 8;
vii. Bank stabilization projects meeting the conditions of IDNR/OWR Statewide Permit
No. 9;
viii. Accessory structures and additions to existing residential buildings meeting the
conditions of IDNR/OWR Statewide Permit No. 10;
ix. Minor maintenance dredging activities meeting the conditions of IDNR/OWR
Statewide Permit No. 11; and
x. Bridge and culvert replacement structures and bridge widening meeting the
conditions of IDNR/OWR Statewide Permit No. 12; and
xi. Temporary construction activities meeting the conditions of IDNR/OWR
Statewide Permit No. 13; and
xii. Any development determined by IDNR/OWR to be located entirely within a flood
fringe area.
b. Other development activities not listed in (a) may be permitted only if:
i. a permit has been issued for the work by IDNR/OWR (or written documentation is
provided that an IDNR/OWR permit is not required); and
ii. sufficient data has been provided to FEMA when necessary, and approval obtained
from FEMA for a revision of the regulatory map and base flood elevation.
Section 7. Protecting Buildings.
a. In addition to the damage prevention requirements of Section 6, all buildings located.
in the floodplain shall be protected from flood damage below the flood protection elevation.
This building protection requirement applies to the following situations:
i. construction or placement of anew building valued at more than $1,000 or 70 square
feet;
ii. substantial improvements made to an existing building. This alteration shall be
figured cumulatively beginning with any alteration which has taken place
subsequent to the adoptionof this ordinance;
iii. repairs made to a substantially damaged building. These repairs shall be
figured cumulatively beginning.with any repairs which have taken place.subsequent
to the adoption of this ordinance.
iv. structural alterations made to an existing building that increase the floor area by more
than 20%;
v. installing a manufactured home on a new site or a new manufactured home on an
existing site (the building protection requirements do not apply to returning a manufactured
home to the same site it lawfully occupied before it was removed to avoid flood damage);
and
vi. installing a travel trailer or recreational vehicle on a site for more than 180 days per
year.
vii. repetitive loss to an existing building as defined in Section 2q.
b. Residential or non-residential buildings can meet the building protection requirements
by one of the following methods:
i. The building may be constructed on permanent land fill in accordance with the
following:
(1) the lowest floor (including basement) shall be at or above the flood protection
elevation;
(2) the fill shall be placed in layers no greater than six inches before compaction and
should extend at least ten feet beyond the foundation before sloping below the flood
protection elevation;
(3) the fill shall be protected against erosion and scour during flooding by vegetative
cover, riprap, or other structural measure;
(4) the fill shall be composed of rock or soil and not incorporate debris or refuse
materials; and
(5) the fill shall not adversely affect the flow of surface drainage from or onto
neighborinq properties and when necessary, stormwater management techniques such as
swales or basins shall be incorporated; or
ii. The building may be elevated in accordance with the following:
(1) The building or improvements shall be elevated on stilts, piles, walls, or other
foundation that is permanently open to flood waters;
(2) The lowest floor and all electrical, heating, ventilating, plumbing, and air
conditioning equipment and utility meters shall be located at or above the flood protection
elevation;
(3) If walls are used, all enclosed areas below the flood protection elevation shall
address hydrostatic pressures by allowing the automatic entry and exit of flood waters.
Designs must either be certified by a registered professional engineer or by having a
minimum of one permanent openings on each wall no*more than one foot above grade.
The openings shall provide 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;
(4) the foundation and supporting members shall be anchored, designed, and certified
so as to minimize exposure to hydrodynamic forces such as current, waves, ice and
floating debris;
(5) the finished interior grade shall not be less than the finished exterior grade;.
(6) all structural components below the flood protection elevation shall be constructed
of materials resistant to flood damage;
(7) water and sewer pipes, electrical and telephone lines, submersible pumps, and
other service facilities may be located below the flood protection elevation provided they
are waterproofed; and
(8) the area below the flood protection elevation shall be used solely for parking
or building access and not later modified or occupied as habitable space.
c. Manufactured homes or travel trailers to be permanently installed on site shall
be:
i. elevated to or above the flood protection elevation; and
ii. 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 IL Adm. Code 870.
d. Travel trailers and recreational vehicles on site for more than 180 days per year
shall meet the elevation requirements of section 7c. unless the following conditions
are met:
i. the vehicle must be either self-propelled or towable by a light duty truck. The
hitch must remain on the vehicle at all times: and
ii. the vehicle must not be attached to external structures such as decks and
porches; and
iii. the vehicle must be designed solely for recreation, camping, travel, or seasonal
use rather than as a permanent dwelling; and
iv. the vehicles largest horizontal projections must be no larger than 400 square
feet; and
v. the vehicle's wheels must remain on axles and inflated; and
A air conditioning units must be attached to the frame so as to be safe for
movement out of the floodplain; and
vii. Propane tanks, electrical and sewage connections must be quick-disconnect
and above the 100-year flood elevation; and
viii. The vehicle must be licensed and titled as a recreational vehicle orparkmodel;
and
iv, The vehicle must be either(a) entirely supported by jacks rather than blocks or
(b) have a flitch jack permanently mounted, have the tires touching the ground, and
be supported by blocks in a manner that will allow the blocks to be easily removed
by use of the hitch jack.
e. Non-residential buildings may be structurally dry flood-proofed (in lieu of elevation)
provided a registered professional engineer or architect certifies that:
i. below the flood protection elevation the structure and attendant utility facilities are
watertight and capable of resisting the effects of the base flood;
ii. the building design accounts for flood velocities, duration, rate of rise, hydrostatic and
hydrodynamic forces, the effects of buoyancy, and the impact from debris and ice; and
iii. floodproofing measures will be incorporated into the building design and operable
without human intervention and without an outside source of electricity.
Levees, berms, floodwalls and similar works are not considered flood-proofing for the
purpose of this subsection.
f. Garages or sheds constructed ahcillary to a residential use may be permitted
provided the following conditions are met:
i. the garage of shed must be non-habitable; and
ii. the garage or shed must be used only for the storage of vehicles and tools and
cannot be modified later into another use; and
iii. the ciaraae or shed must be located outside of the floodway; and
iv. the garage or shed must be on a single family lot and be accessory to an
existing principal structure on the same lot, and
v. below the base flood elevation, the garage or shed must be built of materials not
susceptible to flood damage; and
A all utilities, plumbing, heating, air conditioning and electrical must be elevated
above the flood protection elevation; and
vii. the garage or shed must have at least one permanent opening on each wall no
more than one foot above grade with one square inch of opening for every square
foot of floor area; and
viii. the garage or shed must be less than $7,500 in market value or replacement
cost whichever is greater or less than 500 square feet; and
iv. the structure shall be anchored to resist floatation and overturning; and
v. all flammable or toxic materials (gasoline, paint, insecticides, fertilizers, etc.)
shall be stored above the flood protection elevation; and
A the lowest floor elevation should be documented and the owner advised of the
flood insurance implications.
g. A building may be constructed with a crawlspace located below the flood
protection elevation provided that the following conditions are met:
i. the building must be designed and adequately anchored to resist flotation,
collapse, and lateral movement of the structure resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy; and
ii. any enclosed area below the flood protection elevation shall have openings that
equalize hydrostatic pressures by allowing for the automatic entry and exit of
floodwaters. A minimum of one opening on each wall having a total net area of not
less than one square inch per one square foot of enclosed area. The openings shall
be no more than one foot above grade; and
iii. the interior grade of the crawlspace below the flood protection elevation must
not be more than 2 feet below the lowest adjacent exterior grade; and
iv. the interior height of the crawlspace measured from the interior grade of the
crawl to the top of the foundation wall must not exceed 4 feet at any point; and
v. an adequate drainage system must be installed to remove floodwaters from the
interior area of the crawlspace within a reasonable period of time after a flood event;
and
A portions of the building below the flood protection elevation must be
constructed with materials resistant to flood damage; and
vii. utility systems within the craw/space must be elevated above the flood
protection elevation.
Section 8. Subdivision Requirements.
The United City of Yorkville shall take into account flood hazards, to the extent that they
are known, in all official actions related to land management use and development.
a. New subdivisions, manufactured home parks, annexation agreements, planned unit
developments, and additions to manufactured home parks and subdivisions shall meet the
damage prevention and building protection standards of Sections 6 and 7 of this ordinance.
Any proposal for such development shall include the following data:
i. the base flood elevation and the boundary of the floodplain (where the base flood
elevation is not available from an existing study, the applicant shall be responsible for
calculating the base flood elevation and the floodway delineation and submitting it to
the Illinois Department of Natural Resources for review and approval as the best
available regulatory data);
ii. the boundary of the floodway when applicable; and
iii. a signed statement by a Registered Professional Engineer that the proposed plat or
plan accounts for changes in the drainage of surface waters in accordance with the Plat
Act (765 IL Compiled Statutes 205/2).
Section 9. Public Health and Other Standards
a. Public health standards must be met for all floodplain development. In addition to the
requirements of Sections 6 and 7, the following standards apply:
i. No development in the floodplain shall include locating or storing chemicals,
explosives, buoyant materials, flammable liquids; pollutants, or other hazardous or toxic
materials below the flood protection elevation unless such materials are stored in a
floodproofed and anchored storage tank and certified by a professional engineer or
floodproofed building constructed 'according to the requirements of Section 7 of this
ordinance.
ii. Public utilities and facilities such as sewer, gas, and electric shall be located and
constructed to minimize or eliminate flood damage;
iii. Public sanitary sewer systems and water supply systems shall be located and
constructed to minimize or eliminate infiltration of flood waters into the systems and
discharges from the systems into flood waters;
iv. New and replacement on-site sanitary sewer lines or waste disposal systems shall be
located and constructed to avoid impairment to them or contamination from them during
flooding. Manholes or other above ground openings located below the flood protection
elevation shall be watertight.
v. Critical facilities shall be protected to the 500-year flood elevation. In addition,
all ingress and egress from any critical facility must be protected to the 500-year
flood elevation.
b. All other activities defined as development shall be designed so as not to alter flood
flows or increase potential flood damages.
Section 10. Variances.
Whenever the standards of this ordinance place undue hardship on a specific development
proposal, the applicant may apply to the City Clerk for a variance. The City Clerk shall
review the applicant's request for a variance and shall submit its recommendation to the
City Council. The City Council may attach such conditions to granting of a variance as it
deems necessary to further the intent of this ordinance.
a. No variance shall be granted unless the applicant demonstrates that all of the
following conditions are met:
i. the development activity cannot be located outside the floodplain;
ii. an exceptional hardship would result if the variance were not granted;
iii. the relief requested is the minimum necessary;
iv. there will be no additional threat to public health or safety, or creation of a nuisance;
v. there will be no additional public expense for flood protection, rescue or relief
operations, policing, or repairs to roads, utilities, or other public facilities;
vi. the applicant's circumstances are unique and do not establish a pattern inconsistent
with the intent of the NFIP; and
vii. all other required state and federal permits have been obtained.
b. The City Council shall notify an applicant in writing that a variance from the
requirements of the building protection standards of Section 7 that would lessen the degree
of protection to a building will:
i. result in increased premium rates for flood insurance up to $25 per$100 of insurance
coverage;
ii. increase the risks to life and property; and
iii. require that the applicant proceed with knowledge of these risks and that the applicant
acknowledge in writing the assumption of the risk and liability.
c. Variances to the building protection requirements of Section 7 of this ordinance
requested in connection with the reconstruction, repair or alteration of a site or building
included on the National Register of Historic Places or the Illinois Register of Historic
Places may be granted using criteria more permissive than the requirements of
Subsection 9 (a)(i-v).
Section 11. Disclaimer of Liability.
The degree of 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 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 floodplain will be free from flooding or damage. This ordinance does not
create liability on the part of the United City of Yorkville or any officer or employee thereof
for any flood damage that results from proper reliance on this ordinance or any
administrative decision made lawfully thereunder.
Section 12. Penalty
Failure to obtain a permit for development in the floodplain or failure to comply with the
conditions of a permit or a variance shall be deemed to be a violation of this ordinance.
Upon due investigation, the City Attorney may determine that a violation of the minimum
standards of this ordinance exists. The City Attorney shall notify the owner in writing of
such violation.
a. If such owner fails after ten days notice to correct the violation:
i. The City Attorney shall make application to the circuit court for an injunction requiring
conformance with this ordinance or make such other order as the court deems
necessary to secure compliance with the ordinance;
ii. Any person who violates this ordinance shall upon conviction thereof be fined not less
than fifty ($50.00) nor more than five hundred dollars ($500.00) or each offense; and
iii. A separate offense shall be deemed committed upon each day during or on which.a
violation occurs or continues.
iv. The United City of Yorkville shall record a notice of violation on the title to the
property.
b. The United City of Yorkville 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.
c. Nothing herein shall prevent the United City of Yorkville from taking such other lawful
action to prevent or remedy any violations. All costs connected therewith shall accrue to
the person or persons responsible.
Section 13. Abrogation and Greater Restrictions.
This ordinance repeals and replaces other ordinances adopted by the United City of
Yorkville to fulfill the requirements of the National Flood Insurance Program including:
Ordinance 1990-09: An ordinance regulating development in Special Flood Hazard Areas.
However, this ordinance does not repeal the original resolution or ordinance adopted to
achieve eligibility in the program. Nor does this ordinance 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 strinqent restrictions shall prevail.
Section 14. 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 15. Effective Date.
This ordinance shall be in full force and effect from and after its passage and approval and
publication, as required by law.
Passed by the City Council of the United City of Yorkville, Illinois, this c'6 day of
1 2004_
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Approved by me this -"j"`t day of , 2004.
r�
(Mayor)
Attested and filed in my office this c—: day of 2004.
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