Ordinance 1990-09 • r
—MODE-L---ORDINANCE FOR CITIES: 60.3(d)
AN ORDINANCE REGULATING DEVELOPMENT
IN SPECIAL FLOOD HAZARD AREAS
Be it ordained by the City Council of the City of Yorkville Illinois,
as follows:
Section 1 . Purpose. This ordinance is enacted pursuant to the police powers
grantea to this City by Illinois Revised Statutes, Chapter 24, Sections 1-2-1 ,
11-12-12, 11-30-2, 11-30-8, and 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 protect human life and health from the hazards of flooding;
d. 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;
e. to maintain property values and a stable tax base by minimizing the
potential for creating flood blighted areas; and
f. to make federally subsidized flood insurance available for property in the
City by fulfilling the requirements of the National Flood Insurance Program.
Section 2. Definitions. For the purposes of this ordinance, the following
aefinitions are adopted:
a. "Flood" means: a general and temporary condition of inundation of normally
dry land areas from the overflow, the unusual and rapid accumulation, or
the runoff of surface waters from any source.
b. "Base Flood" means: the flood having a one-percent probability of being
equalled 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 4 of this ordinance.
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c. "SFHA" or "Special Flood Hazard Area" means: those lands within the
jurisdiction of the City that are subject to inundation by the base flood.
The SFHAs 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 June 1. 1982• The SFHAs of those parts of
unincorporated Kendall 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 Kendall County by the Federal Emergency Management Agency and
dated j ly 19, 19g2
d. "Riverine SFHA" means: any SFHA subject to flooding from a river, creek,
intermittent stream, ditch, or any other identified channel . This term
does not include areas subject to flooding from lakes (except public bodies
of water) , ponding areas, areas of sheet flow, or other areas not subject
to overbank flooding.
e. "Floodway" means: that portion of the SFHA required to store and convey
the base flood. The floodway for the SFHAs of Fox River
and Blackberry Creek shall be as delineated on the Flo 0 oundary and
Floodway Map prepared by the Federal Emergency Management Agency and
dated June 1, 1982 The floodway for each of the remaining SFHAs of
the City snal I oe according to the best data available to the Illinois
State Water Survey Floodplain Information Repository.
f. "FPE" or "Flood Protection Elevation" means: the elevation of the base
flood plus one foot at any given location in the SFHA.
g. "Development" means: any man-made change to real estate, including:
(i) construction, reconstruction, or placement of a building or any
addition to a building valued at more than $1 ,000;
( ii) 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;
(iii) installing utilities, construction of roads, or similar projects;
(iv) construction or erection of levees, walls, fences, bridges or
culverts;
(v) drilling, mining, filling, dredging, grading, excavating, or other
nonagricultural alterations of the ground surface;
(vi) storage of materials; or
(vii ) any other activity that might change the direction, height, or
velocity of flood or surface waters.
"Development" does not include maintenance of existing buildings and
facilities such as re-roofing; re-surfacing roads; or gardening, plowing,
and similar agricultural practices that do not involve filling, grading, or
construction of levees.
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h. "Building" means: 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, or a prefabricated building. The term also
includes recreational vehicles and travel trailers to be installed on a
site for more than 180 days.
Section 3. Duties of the Building Official . The Building Official shall be
responsio e Tor the general administration and enforcement of this ordinance,
including but not limited to the following duties:
a. Ensure that all development activities within the SFHAs of the jurisdiction
of the City meet the requirements of this ordinance.
b. Provide information and assistance to citizens upon request about permit
procedures and floodplain construction techniques.
c. Ensure that construction authorization has been granted by the Illinois
Department of Transportation, Division of Water Resources for all
development projects subject to Section 6 of this ordinance, and maintain a
record of such authorization.
d. Maintain a record of the "as built" elevation of the lowest floor
( including basement) of all buildings subject to Section 7 of this
ordinance;
e. Maintain a record of the engineer' s certificate and the "as built"
floodproofed elevation of all buildings subject to Section 7.d of this
ordinance.
f. Inspect all development projects to ensure they comply with the provisions
of this ordinance;
g. Cooperate with state and federal floodplain management agencies to improve
base flood and floodway data and to improve the administration of this
ordinance. Submit reports as required for the National Flood Insurance
Program.
h. Maintain for public inspection and furnish upon request base flood data,
SFHA maps, copies of federal or state permit documents and "as built"
elevation and floodproofing data for all buildings constructed subject to
this ordinance.
Section 4. 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 may finance the
detailed engineering study needed to replace existing data with better data
and submit it to the State Water Survey and the Federal Emergency Management
Agency.
a. The base flood elevation for the SFHAs of Fox River
and Blackberr)Creek shall be as delineated on the 100 year flood
profiles in the rlood Insurance Study of the City prepared by the Federal
Emergency Management Agency and dated June 1, 1982
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b, The base flood elevation for each SFHA delineated as an "AH Zone" or "AO
Zone" snall be that elevation (or depth) delineated on the Flood Insurance
Rate Map of the City.
The base 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 data available to the Illinois State Water Survey Floodplain
Information Repository. When no base flood elevation exists, the base
flood elevation shall be the 100 year flood depth calculated according to
the formulas presented in Depth & Frequency of Floods in Illinois published
by the U.S. Geological Survey, .
d. The base flood elevation for the SFHAs of those parts of unincorporated
Kendall County that are within the extraterritorial 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 Kendall County prepared
by the Federal Emergency Management Agency and dated u1v 1919, 1982
1,ection 5. Development Permit. No person, firm, corporation, or governmental
�)o y not exempted by state law—shall commence any development in the SFHA
without first obtaining a development permit from the Building Official . The
ijuilding Official shall not issue a development permit if the proposed
,development does not meet the requirements of this ordinance.
The application for a development permit shall be accompanied by drawings
of the site, drawn to scale showing property line dimensions; existing
grade elevations and all changes in grade resulting from excavation or
filling; 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 7 of this
ordinance.
I). Upon receipt of an application for a development permit, the Building
Official shall compare the elevation of the site to the base flood
elevation. Any development located on land that can be shown to have been
higher than the base flood elevation as of the date of the site' s first
Flood Insurance Rate Map identification is not located 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.
C, The Building Official shall inform the applicant of any and all other
local , state, and federal permits that may be required for this type of
development activity. The Building Official shall not issue the
development permit unless all required federal and state permits have been
obtained.
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Section 6. Preventing Increased Damages. No development in the SFHA shall
cre-ze a damaging or potentially damaging increase in flood heights or
velocity or threat to public health and safety.
a. Within the floodway identified on the Flood Boundary Floodway Map, the
following standards shall apply:
(i ) except as provided in Section 6.a.(ii) , no development shall be
allowed which acting in combination with existing or future similar
works, will cause any increase in the base flood elevation. The
specific development activities identified in Section 6.b. (ii ) shall
be considered as meeting this requirement.
(ii ) No increase in the base flood elevation may be permitted unless:
(a) the total cumulative effect of the proposed development, when
combined with all other existing and anticipated development, will
not increase the base flood elevation more than 1 .0 foot for the
affected hydraulic reach of the stream and will not increase flood
damages or potential flood damages;
(b) a permit has been issued by the Illinois Department of
Transportation, Division of Water Resource as required in Section
14.b. ( i ) ; and
(c) for all projects involving channel modifications or fill
(including levees) , the City shall submit sufficient data to the
Federal Emergency Management Agency to revise the regulatory flood
data.
b. Within all other riverine SFHAs, the following standards shall apply:
(i ) In addition to the other requirements of this ordinance, a
development permit for a site located in a floodway (or in a riverine
SFHA where no floodway has been identified) shall not be issued
unless the applicant first obtains a permit or written documentation
that a permit is not required from the Illinois Department of
Transportation, Division of Water Resources, issued pursuant to
Illinois Revised Statutes, Chapter 19, Sections 52 et. seq.
(ii) The following activities may be constructed without the individual
permit required in subsection 6.b.(i ) in accordance with Statewide
Permits issued by the Illinois Department of Transportation, Division
of Water Resources provided the activities do not involve placement
of fill , change of grade, or construction in the normal channel .
Such activities must still meet the other requirements of this
ordinance:
(a) The construction of wells, septic tanks, and underground utility
lines not crossing a lake or stream;
(b) The construction of light poles, sign posts and similar structures;
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(c) The construction of sidewalks, driveways, athletic fields
(excluding fences) , patios and similar surfaces which are built at
grade;
(d) The construction of properly anchored, unwalled, open structures
such as playground equipment, pavilions, and carports;
(e) _ The placement of properly anchored buildings not exceeding seventy
(70) square feet in size, nor ten (10) feet in any dimension (e.g.
animal shelters and tool sheds) ; and
(f) The constructionr 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.
( iii) The total cumulative effect of the proposed development, when
combined with all other existing and anticipated development, will
not increase the base flood elevation more than 1 .0 foot for the
affected hydraulic reach of the stream and will not increase flood
damages or potential flood damages;
c. Public health standards in all SFHAs.
(i) No development in the SFHA shall include locating or storing
chemicals, explosives, bouyant materials, flammable liquids,
pollutants, or other hazardous or toxic materials below the FPE
unless such materials are stored in a storage tank or floodproofed
building constructed according to the requirements of subsection 7.d
of this ordinance.
(ii) New and replacement 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.
Section 7. Protecting Buildings. In addition to the damage prevention
requirements o ection b,a T nuildings to be located in the SFHA shall be
protected from flood damage below the FPE. This building protection
requirement applies to the following situations:
(i) construction or placement of a new building valued at more than
$1 ,000;
(ii) structural alterations made to an existing building that increase the
floor area by more than 20%, or the market value of the building by
more than 50%;
(iii) reconstruction or repairs made to a damaged building that are valued
at or more than 50% of the market value of the building before the
damage occurred;
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(iv) installing a manufactured home on a new site or a new manufactured
home on an existing site. This ordinance does not apply to returning
a manufactured home to the same site it lawfully occupied before it
was removed to avoid flood damage; and
(v) 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. The Building Official shall maintain a record of compliance with
these building protection standards as required in Section 3 of this ordinance.
a. A residential or nonresidential building may be constructed on permanent
land fill in accordance with the following:
(i) The fill shall be placed in layers no greater than 1 foot deep before
compaction.
(ii) The lowest floor (including basement) shall be at or above the FPE.
The fill should extend at least ten feet beyond the foundation of the
building before sloping below the FPE.
(iii) The fill shall be protected against erosion and scour during flooding
by vegetative cover, rip rap, or bulkheading. If vegetative cover is
used, the slopes shall be no steeper than 3 horizontal to 1 vertical .
(iv) The fill shall not adversely affect the flow of surface drainage from
or onto neighboring properties.
b. A residential or nonresidential building may be elevated in accordance with
the following:
(i) The building or improvements shall be elevated on crawl space, walls,
stilts, piles, or other foundation provided:
(a) the walls have permanent opeings no more than one foot above
grade; and
(b) the walls and floor are not subject to damage by hydrostatic
pressures associated with the base flood.
(ii) 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.
(iii) All areas below the FPE 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 FPE.
Water and sewer pipes, electrical and telepone lines, submersible
pumps, and other waterproofed service facilities may be located below
the FPE.
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C. Manufactured homes and travel trailers to be installed on a site for more
than 180 days shall be:
(i) elevated at or above the FPE in accordance with Section 7. (a) or (b)
and
(ii) anchored to resist flotation, collapse, or lateral movement by being
tied down in accordance with the Rules and Regulations for the
Illinois Mobil'e Home Tie-Down Act issued pursuant to Illinois Revised
Statutes, Chapter 111 1/2, Sections 4401-4406.
d. Only a non-residential building may be floodproofed in accordance with the
following:
(i) A Registered Professional Engineer shall certify that the building
has been designed so that below the FPE, the structure and attendant
utility facilities are watertight and capable of resisting the
affects of the base 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.
(ii) Floodproofing measures shall be operable without human intervention
and without an outside source of electricity.
Section 8. 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.
a . New subdivisions, manufactured home parks, travel trailer parks, annexation
agreements, planned unit developments (PUDs) and additions to manufactured
home parks and subdivisions shall meet the requirements of Sections 6 and 7
of this ordinance. 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 plan
accounts for changes in the drainage of surface waters in accordance with
the Plat Act (Illinois Revised Statutes, Chapter 109, Section 2) .
b. Proposals for new subdivisions, manufactured home parks, travel trailer
parks, planned unit developments (PUDs) and additions to manufactured home
parks and subdivisions shall include base 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 shall be
responsible for calculating the base flood elevation and the floodway
delineation and submitting it to the State Water Survey for review and
approval as best available regulatory data.
Section 9. Variances. Whenever the standards of this ordinance place undue
hardship on a specific development proposal , the applicant may apply to
the City Council for a variance. The City Council- - 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.
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a. No variance shall be granted unless the applicant demonstrates that:
(i ) the development activity cannot be located outside the SFHA;
(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; and
(vi ) the provisions of subsection 5.c of this ordinance are met; and
(vii) the provisions of subsection 6.a of this ordinance are met.
b. The City Council shall notify an applicant in writing that a
variance from the requirements 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 amounts
that may be as high as $25 for $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 10. Disclaimer of Liability. The degree of flood protection required
by this ordinance is considers 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 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.
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Section 11 . Penalty. Failure to obtain a permit for development in the SFHA
or failure to comp y 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 City Attorney may determine that a violation of the
minimum standards of this ordinance exist. 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 may 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 twenty-five dollars ($25.00) nor more than
two-hundred dollars ($200.00) .
(iii ) A separate offense shall be deemed committed upon each day during or
on which a violation occurs or continues.
b. The City Attorney 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 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.
Section 12. Abrogation and Greater Restrictions. This ordinance repeals and
replaces other ordinances adopted by the City Council to fulfill the
requirements of the National Flood Insurance Program including: Ordinance- 1982-10:
An ordinance of the United City of the Village of Yorkville Re ulatiri . . .
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 stringent
restrictions shall prevail .
Section 13. 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.
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Section 14. Effective Date. This ordinance shall be in full force and effect
-Cram ana after its passage and approval and publication, as required by law.
PASSED by the City Council of the City of Yorkville Illinois,
tnis ;; '�iri. day of X ,� �`i 1 y"
er
APPROVED by me this A& Ck day of -_,_�,��.�_ 19
Mayor
ATTESTED and FILED in my office this .1� 1 day of t5 19 �r!
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8744f
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