Ordinance 1982-10 FHD: sb
ORDINANCE NO. l
AN ORDINANCE OF THE UNITED CITY
OF THE VILLAGE OF YORKVILLE REGULATING
DEVELOPMENT IN SPECIAL FLOOD HAZARD AREAS
BE IT ORDAINED BY THE UNITED CITY OF THE VILLAGE OF
YORKVILLE, as follows :
Section 1 . PURPOSE
This Ordinance is enacted pursuant to the police powers
granted to this City by Ill . Rev. Stat. , (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 the
flood or dainage 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 flooding-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 blight
areas ;
f . to make federally subsidized flood insurance avail-
able for property in the United City of the Village
of Yorkville; and
g. to provide for the orderly growth and development
(pursuant to the City ' s comprehensive plan) of an
environment that is especially sensitive to changes
from human activity.
Section 2 . PROVISIONS FOR ACCOMPLISHING THE PURPOSE
All new development proposals in the Special Flood
Hazard Areas shall be reviewed and approved by the Building
Inspector. The Building Inspector' s review is to ensure the
following:
a. new development will not change the flow of
flood or other surface drainage waters so that
other properties become more susceptible to damage;
b . new developments will not create special hazards
or nuisances when flooded; and
C. new buildings and major improvements to existing
buildings will not be subject to damage by the base
flood.
Section 3 . DEFINITIONS
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 .
C. "SFHA" or "Special Flood Hazard Area" means : those
lands within the jurisdiction of the United City of
the Village of Yorkville that are subject to inundation
by the base flood. The SFHAs of the United City of
the Village of Yorkville are generally identified
as such on the Flood Insurance Rate Map (FIRM) of the
City prepared by the Federal Insurance Administration
and dated June 1 , 1982 .
d. "Floodway" means : that portion of the SFHA required
to store and convey the base flood. If not prohibited,
building or placing obstructions in a floodway will
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increase flood damages to other properties .
e. "FPE" or "Flood Protection Elevation" means :
the elevation of the base flood (plus one foot)
at any given location in the SFHA.
f. "Development" means : any manmade change to real
estate, including:
(i) construction, reconstruction , or placement
of a building or an addition to a building
valued at more than $1 , 000 ;
(ii) installing a mobile home on a site or
preparing a site for a mobile home;
(iii) drilling, mining, installing utilities or
facilities, construction of roads , bridges
or similar projects valued at more than $1 ,000 ;
(iv) construction or erection of levees , walls, or
fences;
(v) 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 :
(i) maintenance of existing buildings and facilities
such as re-roofing or re-surfacing roads ;
(ii) repairs made to a damaged building that do not
change the building 's exterior dimensions and
that are valued at less than 50% of the value
of the building before the damage occurred; or
(iii) gardening, plowing, and similar agricultural
practices that do not involve filling, grading,
or construction of levees .
(iv) agricultural development activities on farms
including farm residences as exempted by law.
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g. "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 in
order that such tanks will be constructed to the
same flood damage protection standards . The term
includes a mobile home or prefabricated building
which is affixed on a permanent site and connected
to the required utilities . The term does not in-
clude recreational vehicles or travel trailers .
Section 4 . BASE FLOOD ELEVATION
This Ordinance 's protection standard is the base flood
according to the best data available to the Illinois State Water
Survey ' s Floodplain Information Repository . Whenever a party
disagrees with the best available data, he may finance the de-
tailed engineering study needed to replace existing data with
better data and submit it to the State Water Survey.
a. The base flood elevation for the SFHAs of the
Fox River and Blackberry Creek shall be as de-
lineated on the 100 year flood profiles in the Flood
Insurance Study of the City prepared by the Federal
Insurance Administration and dated December 1 , 1981 .
b. The base flood elevation for each of the remaining
SFHAs delineated as a "A Zone" on the Flood Hazard
Boundary Map/Flood Insurance Rate Map 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, 1976 .
Section 5 . DEVELOPMENT PERMIT
No person, firm, or corporation shall commence any
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development in the SFHA without first obtaining a development
permit from the Building Inspector . The Building Inspector shall
not issue a development permit if the proposed development does
not meet the requirements of this Ordinance.
a. Application for a development permit shall be made
on a form provided by the Building Inspector. The
Application shall be accompanied by drawings of the
site, drawn to scale showing property line dimensions
and, in those parts of the site that are below the
base flood elevation,
(i) existing grade elevations and all changes in
grade resulting from excavation or filling;
(ii) the direction of flow of surface drainage and
flood flows ;
(iii) the location of all watercourses and drainage
facilities ;
(iv) the location and dimensions of all buildings
and additions to buildings ; and
(v) the elevation of the lowest floor (including
basement) of all buildings subject to the re-
quirements of Section 7 of this Ordinance .
b . Upon receipt of an application for a development
permit, the Building Inspector shall compare the
elevation of the site to the base flood elevation.
Any development located on land higher than the
base flood elevation is not in the SFHA and there-
fore not subject to the requirements of this Ordinance .
C. The Building Inspector 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 development permit will only be issued
on the condition that the other specified permits are
obtained. The Building Inspector shall not issue a
Certificate of Use or Occupancy unless all required
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permits have been obtained.
Section 6 . PREVENTING INCREASED DAMAGES
a. No development in the SFHA shall create a damaging
or potentially damaging increase in flood heights
or velocity.
(i) For development proposals located in an
identified floodway or within a riverine
SFHA where the floodway has not yet been
identified, the following rule shall apply:
The Building Inspector shall review the
development plans to discern if
(a) a new obstruction to flood flows would
be created;
(b) the project will involve a channel crossing
such as a bridge or pipeline; or
(c) the project will modify the shape of the
channel .
If any of these three situations will result
from the project, the applicant shall be re-
quired to obtain a permit from the Illinois
Department of Transportation, Division of Water
Resources , issued pursuant to Ill . Rev. Stat. ,
Ch. 19 , Sec . 70 . The Building Inspector shall
not issue a development permit unless the
applicant has obtained either a Section 70
permit or a "waiver of permit required" from
the Division of Water Resources .
(ii) For development proposals located in a flood
fringe, "AO Zone ", or "AH Zone" identified as
such on a SFHA map or in a lakefront floodplain,
ponding area, area of sheet flow, or other SFHA
not subject to overbank flooding from an identi-
fied channel , the requirement of this subsection
6 .a shall not apply.
b. 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 floodproof_ed building
constructed according to the requirements of Section
7 .c of this Ordinance.
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C. New and replacement sanitary sewer lines and on-site
waste disposal systems may be permitted providing all
manholes and other above ground openings located below
the FPE are watertight.
Section 7 . PROTECTING BUILDINGS
In addition to the damage prevention requirements of Section
6 , all buildings 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 replacement of a new building
valued at more than $1 ,000;
(ii) improvements made to an existing building that
increase the first floor area by more than 20%;
(iii) reconstruction or repairs made to a damaged
building that are valued at or more than 50%
of the value of the building before the damage
occurred; and
(iv) installing a mobile home on a new site or a
new mobile home on an existing site . This
building protection requirement does not apply
to returning a mobile home to the same site it
formerly lawfully occupied.
This building protection requirement may be met by any one of the
following methods :
a. A building may be constructed on permanent land fill
in accordance with the following:
(i) The area to be filled shall be cleared of all
standing trees , brush, down timber, trash, and
other growth or objects unsuitable for use as
foundation material .
(ii) The fill shall be placed in layers no greater
than 1 foot deep before compaction.
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(iii) The surface of the fill shall be at or above
the FPE . The fill shall extend at least 10
feet beyond the foundation of the building
before sloping below the FPE.
(iv) 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 .
(v) The fill shall not adversely affect the flow
of surface drainage from or onto neighboring
properties .
(vi) The Building Inspector shall maintain a record
of the "as built" elevation of the lowest floor
of the building.
b. A building may be elevated in accordance with the
following:
(i) The building or improvements shall be elevated
on stilts , piles , walls , crawl space, or other
foundation that is permanently open to flood
waters and not subject to damage by hydrostatic
pressures .
(ii) The foundation and supporting members shall be
anchored, shaped and aligned so as to minimize
exposure to known hydrodynamic forces such as
current, waves , and floating debris . If mobile
homes are permitted in the SFHA they shall be
anchored to resist flotation, collapse, or
lateral movement by providing over-the-top
and frame ties to ground anchors . Specific
requirements shall be that:
(a) over-the-top ties 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 50
feet long requiring one additional tie
per side ;
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(b) frame ties be provided at each corner
of the home with five additional ties
per side at intermediate points and
mobile homes less than 50 feet long
requiring four additional ties per side;
(c) All components of the anchoring system
be capable of carrying a force of 4 , 800
pounds; and
(d) Any additions to the mobile home be
similarly anchored.
(iii) All areas below the FPE shall be constructed of
materials resistant to flood damage . The bottom
of the joists of the lowest floor and all
utility meters shall be located at or above
the FPE.
(iv) The Building Inspector shall maintain a record
of the "as built" elevation of the lowest floor.
(v) No area below the FPE shall be used for storage
of items or materials subject to flood damage
unless such items or materials are declared
"property not covered" by a Standard Flood
insurance Policy of the National Flood In-
surance Program.
(vi) Any future alteration of the area below the
FPE that violates the requirements of this
Section 7 .b shall be deemed a violation of this
Ordinance . The Building Inspector shall inform
the applicant that any such alteration is con-
sidered a willful act to increase flood damages
and therefore will cause coverage by a Standard
Flood Insurance Policy to be suspended.
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Insurance',.Policy of the Nat' onal Flood __--
Insurance Pi�gram. n
(vi) Any uture alteratio o e area below the
FPE th violates ;t-lr'e equirements of this
Section 7 . sbrll be deemed a violation of this
P Ordinance T Bu' ding Taspector shall inform
er-vL' the a -licant th any such alteration is con-
s; red a will 1 ac o increa7s flood damages
/'and therefore will cause verage`by a Standard
Flood Insur ce Policy to be ended .
(vii) No mobile home may be placed on a new site located
within an identified floodway.
C. 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 water-tight 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 bouyancy, and impacts from debris or ice .
(ii) Floodproofing measures shall be operable without
human intervention and without an outside source
of electricity.
(iii) The Building Inspector shall maintain the
engineer 's certificate and a record of the "as
built" elevation to which the building was flood-
proofed.
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. The City Council shall not approve any annexation
agreement or plat of subdivision located outside
the corporate limits unless such agreement or plat
is in accordance with the provisions of this Ordinance .
The Building Inspector shall obtain the best available
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SFHA maps and data for the unincorporated areas .
b. New subdivisions , mobile home parks , and planned
unit developments (PUDs) shall meet the requirements
of Sections 6 and 7 of this Ordinance . Plats or plans
for new subdivisions , mobile 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 . 1979 , Ch . 109 , par. 2) .
C. Plats or plans for new subdivisions , mobile home
parks , and planned unit developments (PUDs) shall
display the following flood data:
(i) the boundary of the SFHA;
(ii) the boundary of the floodway, if shown on
available SFHA maps;
(iii) easements of lands dedicated to the City of
Yorkville for access for channel maintenance
purposes ; and
(iv) the FPE for each building site . Where the
Base Flood Elevation is not available from
an existing study filed with the Illinois
State Water Survey, the applicant shall be
responsible for calculating the FPE and
submitting it to the State Water Survey for
review and approval as best available elevation
data.
d. Plans for the development activities to be undertaken
by the City in the SFHA shall be reviewed by the
Building Inspector to ensure that they comply with
this Ordinance . Except as exempted by law, no other
local government shall commence any development
activity in the SFHA without first obtaining a
development permit from the Building Inspector.
e. The City Planning Department shall take the following
into consideration when preparing or revising the
comprehensive plan, community development program,
housing assistance plan, and other land use or
development programs :
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(i) preserving SFHA land for open space uses such
as farming or recreation;
(ii) acquiring and removing frequently flooded
buildings ;
(iii) prohibiting hospitals , water treatment plants,
natural gas storage and other critical or
especially hazardous facilities from locating
in the SFHA;
(iv) identifying the elevations of the Base Flood
and past floods at entrances to public buildings ,
on street signs , or other prominent locations;
and
(v) other flood hazard mitigation or floodplain
management activities that could help accomplish
the purposes of this Ordinance .
Section 9 . VARIANCES
Whenever the standards of this Ordinance place undue
hardship on a specific development proposal , the applicant may
apply to the Plan Commission for a variance . The Plan Commission
shall review the applicant ' s request for a variance and shall
submit its recommendation to the City Council .
a. No variance shall be granted unless the applicant
demonstrates that:
(i) the development activity cannot be located
outside the SFHA;
(ii) a substantial economic 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
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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 can still be met .
b . The Building Inspector shall notify an applicant
in writing that a variance from the requirements
of Section 7 that would lessen the degree of pro-
tection to a building will :
(i) result in increased premium rates for flood
insurance up to amounts 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 know-
ledge of these risks and that he will acknowledge
in writing that he assumes the risk and liability.
C. A variance from the requirements of Section 7 may be
granted to permit a "wet floodproofed" building, that
is : a building to be intentionally flooded during
a flood, provided:
(i) No part of such a building below the FPE may
be subject to flood damage;
(ii) The variance shall be conditioned on the contents
being:
(a) of materials resistant to flood damage; or
(b) items declared "property not covered" by
a Standard Flood Insurance Policy of the
National Flood Insurance Program; or
(c) readily moveable to a place of protection
during a flood provided there will be
personnel available and adequate warning.
(iii) Any future alteration of the area below the
FPE that violates the conditions of the variance
shall be deemed a violation of this Ordinance.
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The Building Inspector shall inform the appli-
cant that any such alteration is considered a
willful act to increase flood damages and there-
fore will cause coverage by a Standard Flood
Insurance Policy to be suspended.
d. Variances requested in connection with restoration
of a site or building documented as worthy of pre-
servation by the Illinois Department of Conservation
may be granted using criteria more permissive than
the requirements of Subsection 9 .a .
Section 10 . 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 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.
Section 11 . PENALTY
The Building Inspector may determine upon due investiga-
tion that a violation of minimum standards of this Ordinance exist
and after such owner fails after ten days notice to correct his
property, 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 sees necessary to secure compliance
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with the Ordinance . 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) . A separate
offense shall be deemed committed upon each day during or on which
a violation occurs or continues . Failure to comply with the re-
quirements of a permit or conditions of a variance resolution
shall be deemed to be a violation of this Ordinance . Nothing herein
shall prevent the City from taking such other lawful action to pre-
vent or remedy any violations . All costs connected therewith shall
accrue to the person or persons responsible.
Section 12 . ABROGATION AND GREATER RESTRICTIONS
This Ordinance is not intended to repeal, abrogate, or
impair any existing easements , covenants , or deed restrictions .
However, where this Ordinance and other ordinance, easement,
covenant, or deed restriction 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.
Section 14 . 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 this QUA. day of �m �U 1982 .
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City Clerk
d
APPROVED this 41-1)-*day of b1)c0 lv 1982 .
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