Ordinance 2009-09B i
Ordinance No. DOCA *O g
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL
COUNTY, ILLINOIS, REPEALING ORDINANCE NOS. 2004 -18 AND 2008 -85
AND AMENDING THE CODE OF ORDINANCES TO PROVIDE FOR
REGULATING DEVELOPMENT IN FLOODPLAIN AREAS
WHEREAS, the United City of Yorkville (the "City ") is a duly organized and
validly existing non - home -rule municipality created in accordance with Article VII,
Section 7 of the Constitution of the State of Illinois of 1970; and,
WHEREAS, the City desires to repeal Ordinance No. 2008 -05 which provided
for the regulation of development in floodplain areas as a part of the City Zoning Code,
and instead desires to provide for the regulation of the development in floodplain areas as
a part of the City Building Code; and,
WHEREAS, pursuant to Section 11 -30 -2 and 11 -30 -8 of the Illinois Municipal
Code (65 ILCS 5/1 -1 -1 et seq.), the corporate authorities of the City may prescribe rules
and regulations for the construction and alteration of buildings and structures and parts
and appurtenances thereof, for the purpose of lessening or avoiding the hazards to
persons and damage to property resulting from flooding; and,
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WHEREAS, pursuant to Section 11 -30 -8 of the Illinois Municipal Code, the
corporate authorities may prescribe rules and regulations for grading and draining of lots
and construction of (1) paving for motor vehicle driveways and parking areas, (2)
terraces, (3) retaining walls of masonry and other materials and for preserving drainage
channels in connection with building improvements or without such improvements.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
Section 1. Ordinance No. 2008 -85 and Ordinance No. 2004 -18, adopted by the Mayor
and City Council on September 23, 2008, and March 23, 2004, respectively, are hereby
repealed.
Section 2. Title 8, Chapter 7 of the United City of Yorkville Code of Ordinances is
hereby deleted in its entirety and replaced with the following:
CHAPTER 7
REGULATING DEVELOPMENT IN FLOODPLAIN AREAS
8 -7 -1: PURPOSE: This Chapter is enacted pursuant to the police powers
granted to the United City of Yorkville by the Illinois Municipal Code (65 ILCS
5/11 -30 -2, and 5/11 -30 -8) in order to accomplish the following purposes:
A. To prevent unwise developments from increasing flood or drainage
hazards to others.
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B. 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. Maintain property values and a stable tax base by minimizing the potential
for creating blighted areas.
F. Make federally subsidized flood insurance available.
G. To preserve the natural characteristics and functions of watercourses and
floodplains in order to moderate flood and stormwater impacts, improve
water quality, reduce soil erosion, protect aquatic and riparian habitat,
provide recreational opportunities, provide aesthetic benefits and enhance
community and economic development.
8 -7 -2: DEFINITIONS: For the purposes of this Chapter, the following
definitions are adopted:
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Base Flood- The flood having a one percent (1 %) 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 Chapter.
Base Flood Elevation (BFE)- The elevation in relation to mean sea level
of the crest of the base flood.
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Basement- That portion of a building having its floor sub -grade (below
ground level) on all sides.
Building- A walled and roofed structure, including a gas or liquid storage
tank, that is principally above ground, 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 one hundred eighty (180) days per year.
Critical Facilitv- Any facility which is critical to the health and welfare of
the population and, if flooded, would create an added dimension to the
disaster. Damage to these critical facilities can impact the delivery of vital
services, can cause greater damage to other sectors of the community, or
can put special populations at risk.
Examples of critical facilities where flood protection should be required
include, but are not limited to, emergency services facilities (such as fire
and police stations), schools, hospitals, retirement homes and senior care
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facilities, major roads and bridges, critical utility sites (telephone switching
stations or electrical transformers), and hazardous material storage facilities
(chemicals, petrochemicals, hazardous or toxic substances).
Development- Any man -made change to real estate including, but not
limited to:
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1. Demolition, construction, reconstruction, repair, placement of a
building, or any structural alteration to a building.
2. Substantial improvement of an existing building.
3. 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 one hundred eighty (180) days per year.
4. Installation of utilities, construction of roads, bridges, culverts or
similar projects.
5. Construction or erection of levees, dams, walls or fences.
6. Drilling, mining, filling, dredging, grading, excavating, paving, or
other alterations of the ground surface.
7. Storage of materials including the placement of gas and liquid
storage tanks, and 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.
FEMA Federal Emergency Management Agency
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.
Flood Fringe- That portion of the floodplain outside of the regulatory
floodway.
Flood Insurance Rate Map (FIRM)- A map prepared by FEMA and dated
February 4, 2009, 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.
Flood Insurance Studv, An examination, evaluation and determination of
flood hazards and, if appropriate, corresponding water surface elevations,
prepared by FEMA and dated February 4, 2009.
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Floodplain and Special Flood Hazard Area (SFHA)- These two terms are
synonymous. Those lands within the jurisdiction of the United City of
Yorkville, the extraterritorial jurisdiction of the United City of Yorkville, or
that may be annexed into the United City of Yorkville, that are subject to
inundation by the base flood. The floodplains of the Fox River, Blackberry
Creek, and Middle Branch Aux Sable Creek are generally identified as such
on the countywide FIRM of Kendall County. Floodplain also includes those
areas of known flooding as identified by the community. Until the Rob Roy
Creek floodplain is identified on the countywide FIRM of Kendall County,
the floodplain for Rob Roy Creek shall be as determined by the study
prepared for the United City of Yorkville by Engineering Enterprises, Inc.,
dated January 2005, as amended from time to time. _ .
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 are generally identified as
such on the FIRM.
Floodvroofina- 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.
Flooduroofin2 Certificate- A form published by FEMA that is used to
certify that a building has been designed and constructed to be structurally
dry flood proofed to the flood protection elevation.
Flood Protection Elevation (FPE) - The elevation of the base flood plus
one foot of freeboard at any given location in the floodplain.
Floodwav- That portion of the floodplain required to store and convey the
base flood. The floodway for the floodplains of the Fox River and
Blackberry Creek shall be as delineated on the countywide FIRM of Kendall
County. The floodways for each of the remaining floodplains of the United
City of Yorkville shall be according to the best data available from the
federal, state, or other sources.
Freeboard- An increment of elevation added to the base flood elevation to
provide a factor of safety for uncertainties in calculations, future watershed
development, unknown localized conditions, wave actions and unpredictable
effects such as those caused by ice or debris jams.
Historic Structure Any structure that is:
1. Listed individually in the National Register of Historic Places or
preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing on the National
Register;
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2. Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historic district or a district
preliminarily determined by the Secretary to qualify as a registered
historic district;
3. Individually listed on the state inventory of historic places by the
Illinois Historic Preservation Agency; or,
4. Individually listed on a local inventory of historic places that has
been certified by the Illinois Historic Preservation Agency.
IDNR/OWR- Illinois Department of Natural Resources /Office of Water
Resources.
Lowest Floor- the lowest floor of the lowest enclosed area (including
basement). An unfinished or flood resistant enclosure, used solely for
parking of vehicles, building access or storage in an area other than a
basement area is not considered a building's lowest floor; provided that such
enclosure is not built so as to render the structure in violation of the
applicable non - elevation design requirements of Section 7 of this Chapter.
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 pennanent foundation when connected to required utilities.
NFIP National Flood Insurance Program.
Recreational Vehicle or Travel Trailer- A vehicle which is:
1. Built on a single chassis.
2. Four hundred (400) square feet or less in size.
3. Designed to be self - propelled or permanently towable by a light
duty truck and designed primarily not for use as a permanent
dwelling but as temporary living quarters for recreational,
camping, travel or seasonal use.
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Repetitive Loss Building- A structure which sustained flood related
damages 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 twenty -five percent (25 %) of the market value of the structure
before the damage occurred.
SFHA See definition of "Floodplain."
Structure - See definition of "Building."
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Substantial Damage- Damage of any origin sustained by a structure
whereby the cumulative percentage of damage subsequent to the adoption of
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this Chapter equals or exceeds fifty percent (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. The term includes "Repetitive Loss Building" (see
definition).
Substantial Improvement- Any reconstruction, rehabilitation, addition or
improvement of a structure taking place subsequent to the adoption of this
Chapter in which the cumulative percentage of improvements:
1. Equals or exceeds fifty percent (50 %) of the market value of the
structure before the improvement or repair is started; or,
2. Increases the floor area by more than twenty percent (20 %).
"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. This term includes structures which have incurred repetitive loss
or substantial damage, regardless of the actual repair work done.
The term does not include:
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.
Violation- The failure of a structure or other development to be fully
compliant with the City's floodplain management regulations. A structure or
other development without the required federal, state, and /or local permits
and elevation certification is presumed to be in violation until such time as
the documentation is provided.
8 -7 -3: Base Flood Elevation
This Chapter's protection standard is the base flood. Any development
designed and constructed must be completed in a way which protects against
the base flood. The best available base flood data is 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 and submit it to
FEMA and IDNR/OWR for approval prior to 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 countywide Flood
Insurance Study of Kendall County.
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B. The base flood elevation for each floodplain delineated as an "AH Zone"
or "AO Zone" on the countywide FIRM of Kendall County shall be that
elevation (or depth) as delineated on such.
C. The base flood elevation for each of the remaining floodplains delineated
as an "A Zone" on the countywide FIRM of Kendall County 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 by the
applicant 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 in the Flood Insurance Study of Kendall County.
8 -7 -4: Duties of the Code Official
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The Code Official shall be responsible for the general administration of this
Chapter and ensure that all development activities within the floodplains
under the jurisdiction of the United City of Yorkville meet the requirements of
this Chapter. 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 11 are
met and maintain documentation of any variances granted.
G. Inspect all development projects and take any and all penalty actions
outlined in Section 13 as a necessary to ensure compliance with this
Chapter.
H. Assure that applicants are aware of and obtain any and all other required
local, state, and federal permits.
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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
Chapter.
L. 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 Chapter.
M. Perform site inspections to ensure compliance with this Chapter 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 six months whenever a
modification of the floodplain may change the base flood elevation or
result in a change to the floodplain map.
O. At his/her discretion, issue a stop -work order requiring the suspension of
the subject development if there is a violation of this Chapter. The stop -
work order shall be in writing, indicate the reason for the issuance, and
shall order the action, if necessary, to resolve the circumstances requiring
the stop -work order. The stop -work order constitutes a suspension of the
permit obtained pursuant to Section 5 of this Chapter.
8 -7 -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 unless the proposed development meets the
requirements of this Chapter and all applicable state and federal requirements.
A. The application for a development permit shall be accompanied by:
1. Drawings of the site, drawn to scale showing property line
dimensions.
2. Existing grade elevations and all changes in grade resulting from
excavation or filling.
3. The location and dimensions of all buildings and additions to
buildings.
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4. The elevation of the lowest floor (including basement) of all
proposed buildings subject to the requirements of Section 7 of
this Chapter.
5. The 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 FIRM is not in the floodplain and therefore
not subject to the requirements of this Chapter. Conversely, any
development located on land shown to be below the base flood elevation
and hydraulically connected, but not shown on the current FIRM, is
subject to the provisions of this Chapter.
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 FIRM identification.
The Code Official shall be responsible for obtaining from the applicant
copies of all other federal, state, and local permits, approvals or permit-
not - required letters that may be required for this type of activity. The
Code Official shall not issue a permit unless all other federal, state, and
local permits have been obtained.
8 -7 -6: Preventing Increased Flood Heights and Resulting Damages
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Within any floodway identified on the countywide FIRM, and within all other
floodplains where a floodway has not been delineated, the following standards
shall apply:
A. Except as provided in Section 6(B) of this Chapter, development shall
only be allowed if it does not cause any increase in flood heights or
velocities or threat to public health and safety. The following specific
development activities are allowed:
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1. Bridge and culvert crossings of streams in rural areas meeting the
following conditions of the IDNR/OWR Statewide Permit
Number 2:
a. The crossing will not result in an increase in water
surface profile elevation in excess of 1.0 foot.
b. The crossing will not result in an increase in water
surface profile elevation in excess of one half (0.5)
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foot at a point one thousand (1,000) feet upstream
of the proposed structure.
c. There are no buildings in the area impacted by the
increases in water surface profile.
d. The proposed bridge or culvert crossing will not
involve straightening, enlarging, or relocating the
existing channel.
e. The design must be certified by a licensed
professional engineer in the State of Illinois and the
designs must meet the conditions of an IDNR/OWR
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f. The design must be certified by a second licensed
professional engineer.
2. Barge fleeting facilities meeting the following condition of
IDNR/OWR Statewide Permit Number 3:
This type of development activity is only allowed when
deadmen, pier cells, or other similar anchorage devices
have been permitted by the U.S. Army Corps of
Engineers.
3. Aerial utility crossings meeting the following conditions of
IDNR/OWR Statewide Permit Number 4:
a. The utility line must be constructed above the
existing 100 -year flood elevation or attached to an
existing bridge.
b. A utility line attached to an existing bridge shall be
constructed above the low cord elevation of the
bridge.
c. No supporting towers or poles shall be located in a
river, lake or stream.
d. Supporting towers including foundation and poles
shall be designed and located so as to not cause an
obstruction of flood flows by trapping debris.
e. All disturbed areas shall be returned to pre -
construction grades and re- vegetated.
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f. All Illinois Commerce Commission, National
Electrical Safety Code, and federal requirements
must be met.
4. Minor boat docks meeting the following conditions of
IDNR/OWR Statewide Permit Number 5:
a. The boat dock must not extend more than fifty (50)
feet into a waterway and no more than one quarter
(1/4) of the width of the waterway and shall not
extend beyond the navigational limit established by
the IDNR and Corps of Engineers.
b. The width of the boat dock shall not be more than
ten (10) feet.
c. For L- Shaped or T- shaped docks, the length of that
portion parallel to the shoreline must not exceed
fifty percent (50 %) of the landowner's shoreline
frontage nor fifty (50) feet.
d. Docks must be aligned so as not to cross the
projection of property lines into the waterway or
come within ten (10) feet of the projected property
line.
e. Dock posts must be marked by reflective devices.
f. The boat dock must be securely anchored to prevent
detachment during times of high wind or water.
g. Metal drums or containers may not be used as
buoyancy units unless they are filled with floatation
foam. Containers which previously stored
pesticides, herbicides, or any other toxic chemicals
are not permissible.
h. This Section does not authorize any other related
construction activity such as shore protection or fill.
i. Non - floating boat docks must be constructed in a
manner which will minimize obstruction to flow.
j. At any future date, the permittee must agree to
make necessary modifications to the dock as
determined by the IDNR or Corp of Engineers.
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5. Minor, non - obstructive activities (not involving fill or positive
change in grade) meeting the following conditions of
IDNR/OWR Statewide Permit Number 6:
a. The construction of underground utility lines not
crossing a lake or stream, wells, or septic tanks.
b. The construction of light poles, sign posts, and
similar structures.
c. The construction of sidewalks, driveways, athletic
fields (excluding fences), patios, and similar
structures.
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. Only one such building
on a property is authorized.
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f. The raising of existing buildings, provided no
changes are made to the outside dimensions of the
building and the placement of fill is not involved.
6. Outfall Structures and drainage ditch outlets meeting the
following conditions of IDNR/OWR Statewide Permit Number
7:
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a. Any outfall structure, including any headwall or
end - section, shall not extend riverward or lakeward
of the existing adjacent natural bank slope or
adjacent bank protection.
b. The velocity of the discharge shall not exceed the
scour velocity of the channel soil, unless channel
erosion would be prevented by the use of riprap or
other design measures.
c. Outlets from drainage ditches shall not be opened to
a stream until the ditch is vegetated or otherwise
stabilized to minimize stream sedimentation.
d. Disturbance of streamside vegetation shall be kept
to a minimum during construction to prevent
erosion and sedimentation. All disturbed floodway
areas, including the stream banks, shall be restored
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to their original contours and seeded or otherwise
stabilized upon completion of construction.
7. Underground pipeline and utility crossings meeting the following
conditions of IDNR/OWR Statewide Permit Number 8:
a. In all cases, the crossing shall be placed beneath the
bed of the river, lake or stream and, unless the
crossing is encased in concrete or entrenched in
bedrock, a minimum of three (3) feet of cover shall
be provided. The river, lake or stream bed shall be
returned to its original condition.
b. Disturbance of streamside vegetation shall be kept
to a minimum during construction to prevent
erosion and sedimentation. All disturbed floodway
areas, including stream banks, shall be restored to
their original contours and seeded or otherwise
stabilized upon completion of construction.
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c. Any utility crossing carrying material which may j
cause water pollution, as defined by the
Environmental Protection Act (415 ILCS 5), shall
be provided with shut -off valves on each side of the
body of water to be crossed.
d. If blasting is to be utilized in the construction of the
crossing, the permittee shall notify the City and
IDNR/OWR at least ten (10) days prior to the
blasting date to allow monitoring of any related fish
kills.
8. Bank stabilization projects meeting the following conditions of
IDNR/OWR Statewide Permit Number 9:
a. Only the following materials may be utilized in
urban areas: stone and concrete riprap, steel sheet
piling, cellular blocks, fabric - formed concrete,
gabion baskets, rock and wire mattresses,
sand /cement filled bags, geotechnical fabric
materials, natural vegetation and treated timber.
Urban areas are defined as: areas of the State where
residential, commercial, or industrial development
currently exists or, based on land use plans or
controls, is expected to occur within ten (10) years.
The IDNR/OWR should be consulted if there is a
question of whether or not an area is considered
urban.
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b. In addition to the materials listed in the preceding
Subsection (a), other materials (e.g. tire revetments)
may be utilized in rural areas provided all other
conditions of IDNR/OWR Statewide Permit
Number 9 are met.
c. The following materials shall not be used in any
case: auto bodies, garbage or debris, scrap lumber,
metal refuse, roofing materials, asphalt or other
bituminous materials, or any material which would
cause water pollution as defined by the
Environmental Protection Act (415 ILCS 5).
d. The affected length of shoreline, stream bank, or
channel to be protected shall not exceed, either
singularly or cumulatively, one thousand (1000)
feet.
e. All material utilized shall be properly sized or
anchored to resist anticipated forces of current and
wave action.
f. Materials shall be placed in a way which would not
cause erosion or the accumulation of debris on
properties adjacent to or opposite the project.
g. Materials shall not be placed higher than the
existing top of the bank.
h. Materials shall be placed so that the modified bank
full -width and cross - sectional area of the channel
will conform to or be no more restrictive than that
of the natural channel upstream and downstream of
the site.
For projects involving continuous placement of
riprap along the bank, toe of the bank or other
similar applications, in no case shall the cross -
sectional area of the natural channel be reduced by
more than ten percent (10 %) nor the volume of
material placed exceed two (2) cubic yards per
lineal foot of the stream bank or shoreline. The
bank may be graded to obtain a flatter slope and to
lessen the quantity of material required.
i. If broken concrete is used, all protruding materials
such as reinforcing rods shall be cut flush with the
surface of the concrete and removed from the
construction area.
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j. Disturbance of vegetation shall be kept to a
minimum during construction to prevent erosion
and sedimentation. All disturbed areas shall be
seeded or otherwise stabilized upon completion of
construction.
k. In the case of seawalls and gabion structures on
lakes, the structure shall be constructed at or
landward of the water line as determined by the
normal pool elevation, unless:
i. It is constructed.in alignment with an existing
seawall(s) or gabion structure(s); and,
ii. The volume of material placed, including the
structure, would not exceed two (2) cubic yards
per lineal foot.
1. Excess material excavated during the construction
of the bank or shoreline protection shall be placed
in accordance with local, state, and federal laws and
rules, shall not be placed in a floodway.
9. Accessory structures and additions to existing residential
buildings meeting the conditions of IDNR/OWR Statewide
Permit Number 10:
a. The accessory structure or building addition must
comply with Section 7 of this Chapter.
b. The principal structure to which the project is being
added must have been in existence on the effective
date of IDNR/OWR Statewide Permit Number 10
(July 25, 1988).
c. The accessory structure or addition must not exceed
five hundred (500) square feet in size and must not
deflect floodwaters onto another property.
d. The accessory structure or addition must not
involve the placement of any fill material.
e. No construction shall be undertaken in, or within
fifty (50) feet of, the bank of the stream channel.
f. The accessory structure or addition must be
properly anchored to prevent its movement during
flood conditions.
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g. Only one accessory structure or addition to an
existing structure shall be authorized; plans for any
subsequent addition must be submitted to
IDNR/OWR for review.
h. Disturbance of vegetation shall be kept to a
minimum during construction to prevent erosion
and sedimentation. All disturbed floodway areas
shall be seeded or otherwise stabilized upon
completion of construction.
10. Minor maintenance dredging activities_ meeting the following
conditions of IDNR/OWR Statewide Permit Number 11:
a. The affected length of the stream shall not either
singularly or cumulatively exceed one thousand
(1000) feet.
b. The project shall not include the construction of any
new channel; all work must be confined to the
existing channel or to reestablishing flows in the
natural stream channel; and,
c. The cross- sectional area of the dredged channel
shall conform to that of the natural channel
upstream and down stream of the site.
d. Dredged or spoil material shall not be disposed of in
a wetland and shall be either:
i. Removed from the floodway;
ii. Used to stabilize an existing bank provided no
materials would be placed higher than the
existing top of bank and provided the cross -
sectional area of the natural channel would not
be reduced by more than ten percent (10 %), nor
the volume of material placed exceed two (2)
cubic yards per lineal foot of streambank;
iii. Used to fill an existing washed out or scoured
floodplain area such that the average natural
floodplain elevation is not increased;
iv. Used to stabilize an existing levee provided the
height of the levee would not be increased nor
its alignment changed;
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v. Placed in a disposal site previously approved
by the Department in accordance with the
conditions of the approval; or,
vi. Used for beach nourishment, provided the
material meets all applicable water quality
standards.
e. Disturbance of streamside vegetation shall be kept
to a minimum during construction to prevent
erosion and sedimentation. All disturbed floodway
areas, including the stream banks, shall be seeded or
otherwise stabilized upon completion of
construction.
11. Bridge and culvert replacement structures and bridge widening
meeting the following conditions of IDNR/OWR statewide
Permit Number 12:
a. A licensed professional engineer shall determine
and document that the existing structure has not
been the cause of demonstrable flood damage.
Such documentation shall include, at a minimum,
confirmation that:
i. No buildings or structures have been impacted
by the backwater induced by the existing
structure; and,
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I
ii. There is no record of complaints of flood
damages associated with the existing structure.
b. A licensed professional engineer shall determine
that the new structure will provide the same or
greater effective waterway opening as the existing
structure. For bridge widening projects the existing
piers and the proposed pier extensions must be in
line with the direction of the approaching flow
upstream of the bridge.
c. The project shall not include any appreciable raising
of the approach roads. This condition does not
apply if all points on the approaches exist at an
elevation equal to or higher than the 100 -year
frequency flood headwater elevation as determined
by a FEMA flood insurance study completed or
approved by IDNR/OWR.
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d. The project shall not involve the straightening,
enlargement or relocation of the existing channel of
the river or stream except as permitted by the
IDNR/OWR Statewide Permit Number 9 (Minor
Shoreline, channel and Streainbank Protection
Activities) or IDNR/OWR Statewide Permit
Number 11 (Minor Maintenance Dredging
Activities).
e. The permittee shall maintain records of projects
authorized necessary to document compliance with
the above conditions.
12. Temporary construction activities meeting the following
conditions of IDNR/OWR Statewide Permit Number 13:
a. No temporary construction activity shall be
commenced until the individual permittee
determines that the permanent structure (if any) for
which the work is being performed has received all
required federal, state and local authorizations.
b. The term "temporary" shall mean not more than one
construction season. All temporary construction
materials must be removed from the stream and
floodway within one year of their placement and the
area returned to the conditions existing prior to the
beginning of construction. Any desired subsequent
or repetitive material placement shall not occur
without the review and approval of the
IDNR/OWR.
c. The temporary project shall be constructed such that
it will not cause erosion or damage due to increases
in water surface profiles to adjacent properties. For
locations where there are structures in the upstream
floodplain, the temporary project shall be
constructed such that all water surface profile
increases, due to the temporary project, are
contained within the channel banks.
d. This Section does not authorize the placement or
construction of any solid embankment or wall such
as a dam, roadway, levee, or dike across any
channel or floodway.
e. No temporary structure shall be placed within any
river or stream channel until a licensed professional
engineer determines and documents that the
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temporary structure will meet the requirements of
Section 6(A)(12)(c). Such documentation shall
include, at a minimum, confirmation that no
buildings or structures will be impacted by the
backwater induced by the temporary structure.
f. The permittee shall maintain records of projects
authorized by this Section necessary to document
compliance with the above condition.
g. Disturbance of vegetation shall be kept to a
minimum during construction to prevent erosion
and sedimentation. All disturbed areas shall be
seeded or otherwise stabilized upon completion of
the removal of the temporary construction.
h. Materials used for the project shall not cause water
pollution as defined by the Environmental
Protection Act (415 ILCS 5).
13. Any development determined by IDNR/OWR to be located
entirely within a flood fringe area shall be exempt from State
Floodway permit requirements.
B. Other development activities not listed in Section 6(A) of this Chapter
may be pennitted only if:
1. A permit has been issued for the work by IDNR/OWR (or
written documentation is provided that an IDNR/OWR permit is
not required); or,
2. 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.
8 -7 -7: Building Protection
A. In addition to the damage prevention requirements of Section 6 of this
Chapter, 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:
1. Construction or placement of a new building or alteration or
addition to an existing building valued at more than one thousand
dollars ($1,000) or seventy (70) square feet.
2. Substantial improvements or structural alterations made to an
existing building that increase the floor area by more than twenty
percent (20 %) or equal or exceed the market value by fifty
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percent (50 %). Alteration shall be figured cumulatively
subsequent to the adoption of this Chapter. If substantially
improved, the existing structure and the addition must meet the
flood protection standards of this Section.
3. Repairs made to a substantially damaged building. These repairs
shall be figured cumulatively subsequent to the adoption of this
Chapter. If substantially damaged the entire structure must meet
the flood protection standards of this Section.
4. 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).
5. Installing a travel trailer or recreational vehicle on a site for more
than one hundred eighty (180) days per year.
6. A Repetitive Loss Building.
B. Residential or non - residential buildinpas can meet the building protection
requirements by one of the following methods:
1. The building may be constructed on permanent land fill in
accordance with the following:
a. The lowest floor (including basement) shall be at or
above the flood protection elevation. j
b. The fill shall be placed in layers no greater than six
inches before compaction and should extend at least
ten (10) feet beyond the foundation before sloping
below the flood protection elevation.
c. The fill shall be protected against erosion and scour
during flooding by vegetative cover, riprap, or other
structural measure.
d. The fill shall be composed of rock or soil and not
incorporated debris or refuse material.
e. Shall not adversely affect the flow of surface
drainage from or onto neighboring properties, and,
when necessary, stormwater management
techniques such as swales or basins shall be
incorporated.
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i
2. The building may be elevated on solid walls in accordance with
the following:
a. The building or improvements shall be elevated on
stilts, piles, walls, crawlspace, or other foundation
that is permanently open to flood waters.
b. 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.
c. 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 licensed professional engineer or by having a
minimum of one (1) permanent opening on each
wall no more than one (1) foot above grade with a
minimum of two (2) openings. The openings shall
provide a total net area of not less than one (1)
square inch for every one (1) square foot of
enclosed area subject to flooding below the base
flood elevation.
d. 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.
i. All structural components below the flood
protection elevation shall be constructed of
materials resistant to flood damage.
ii. 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.
iii.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.
iv. In lieu of the above criteria, the design methods
to comply with these requirements may be
certified by a licensed professional engineer or
architect.
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3. The building may be constructed with a crawlspace located
below the flood protection elevation provided that the following
conditions are met:
a. 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.
b. 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 (1) square inch per one (1) square foot
of enclosed area. The openings shall be no more
than one (1) foot above grade.
c. The interior grade of the crawlspace below the flood
protection elevation must not be more than two (2)
feet below the lowest adjacent exterior grade.
d. The interior height of the crawlspace measured
from the interior grade of the crawl to the top of the
foundations wall must not exceed four (4) feet at
any point.
e. 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.
f. Portions of the building below the flood protection
elevation must be constructed with materials
resistant to flood damage.
g. Utility systems within the crawlspace must be
elevated above the flood protection elevation.
C. Non - residential buildings may be structurally dry floodproofed (in lieu of
elevation) provided a licensed professional engineer or architect certifies
that:
1. Below the flood protection elevation the structure and attendant
utility facilities are watertight and capable of resisting the effects
of the base flood.
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2. 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.
3. Floodproofing measures will be incorporated into the building
design and operable without human intervention and without an
outside source of electricity.
4. Levees, berms, floodwalls and similar works are not considered
floodproofmg for the purpose of this subsection.
D. Manufactured homes or travel trailers to be permanently installed on site
shall be:
1. Elevated to or above the flood protection elevation in accordance
with Section 7(B).
2. 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 (210 ILCS 120/1, et
seq.) and the Manufactured Home Installation Code (77 111. Adm.
Code 870.10, etseq.).
E. Travel trailers and recreational vehicles on site for more than one hundred
eighty (180) days per year shall meet the elevation requirements of
Section 7(D) unless the following conditions are met:
I
1. The vehicle must be either self - propelled or towable by a light
duty truck.
2. The hitch must remain on the vehicle at all times.
3. The vehicle must not be attached to external structures such as
decks and porches.
4. The vehicle must be designed solely for recreation, camping,
travel, or seasonal use rather than as a permanent dwelling.
5. The vehicles largest horizontal projections must be no larger than
four hundred (400) square feet.
6. The vehicle's wheels must remain on axles and inflated.
7. Air conditioning units must be attached to the frame so as to be
safe for movement of the floodplain.
8. Propane tanks as well as electrical and sewage connections must
be quick- disconnect and above the 100 -year flood elevation.
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9. The vehicle must be licensed and titled as a recreational vehicle
or park model, and must either:
a. entirely be supported by jacks; or,
b. have a hitch jack permanently mounted, have the
tires touching the ground and be supported by block
in a manner that will allow the block to be easily
removed by used of the hitch jack.
F. Garages, sheds or other minor accessory structures constructed ancillary to
an existing residential use may be permitted provided the following
conditions are met:
1. The garage or shed must be non - habitable.
2. The garage or shed must be used only for the storage of vehicles
and tools and cannot be modified later into another use.
3. The garage or shed must be located outside of the floodway or
have the appropriate state and /or federal permits.
4. The garage or shed must be on a single family lot and be
accessory to an existing principle structure on the same lot.
5. Below the base flood elevation, the garage or shed must be built
of materials not susceptible to flood damage.
6. All utilities, plumbing, heating, air conditioning and electrical
must be elevated above the flood protection elevation.
7. The garage or shed must have at least one permanent opening on
each wall not more than one (1) foot above grade with one (1)
square inch of opening for every one (1) square foot of floor
area.
8. The garage or shed must be less than ten thousand dollars
($10,000) in market value or replacement cost whichever is
greater or less than five hundred (500) square feet.
9. The structure shall be anchored to resist floatation and
overturning.
10. All flammable or toxic materials (gasoline, paint, insecticides,
fertilizers, etc.) shall be stored above the flood protection
elevation.
11. The lowest floor elevation should be documented and the owner
advised of the flood insurance implications.
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8 -7 -8: Subdivision Requirements
The United City of Yorkville shall take into account 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
requirements of Sections 6 and 7 of this Chapter. Any proposal for such
development shall include the following data:
1. 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.
2. The boundary of the floodway when applicable.
3. 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 ILCS 205/2).
Streets, blocks, lots, parks and other public grounds shall be located and
laid out in such a manner as to preserve and utilize natural streams and
channels. Wherever possible the floodplains shall be included within
parks or other public grounds. However, the floodplain areas within parks
dedicated to satisfy the City Land Cash Ordinance (Ord. 1996 -3 and
amending ordinances 2003 -12, 2004 -22, 2005 -37 and 2006 -91) shall not
apply toward any land dedication required by said Ordinance unless as
described by Section I(A)(1) of said Ordinance.
8 -7 -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 of this Chapter the
following standards apply:
1. 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 Chapter.
2. Public utilities and facilities such as sewer, gas and electric shall be
located and constructed to minimize or eliminate flood damage.
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3. 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.
4. 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.
5. Construction of new or substantially improved critical facilities
shall be located outside the limits of the floodplain. Construction
of new critical facilities shall be permissible within the floodplain
if no feasible alternative site is available. Critical facilities
constructed within the SFHA shall have the lowest floor (including
basement) elevated or structurally dry floodproofed to the 500 -year
flood frequency elevation or three feet above the level of the 100 -
year flood frequency elevation whichever is greater.
Floodproofing and sealing measures must be taken to ensure that
toxic substances will not be displaced by or released into
floodwaters. Access routes elevated to or above the level of the
base flood elevation shall be provided to all critical facilities.
B. All other activities defined as development shall be designed so as not to
alter flood flows or increase potential flood damages.
8 -7 -10: Carrying Capacity and Notification
For all projects involving channel modification, fill, or stream maintenance
(including levees), the flood carrying capacity of the watercourse shall be
maintained.
In addition, the United City of Yorkville shall notify adjacent municipalities in
writing thirty (30) days prior to the issuance of a permit for the alteration or
relocation of the watercourse.
8 -7 -11: Variances
Whenever the standards of this Chapter place undue hardship on a specific
development proposal, the applicant may apply to the City Code Official for a
variance. The City Code Official 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 Chapter.
A. No variance shall be granted unless the applicant demonstrates that all of
the following conditions are met:
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I . The development activity cannot be located outside the
floodplain.
2. An exceptional hardship would result if the variance were not
granted.
I
3. The relief requested is the minimum necessary.
4. There will be no additional threat to public health, safety or
creation of a nuisance.
5. There will be no additional public expense for flood protection,
rescue or relief operations, policing; or repairs to roads,
utilities, or other public facilities.
6. The applicant's circumstances are unique and do not establish a
pattern inconsistent with the intent of the NFIP.
7. All other 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 requirements of Section 7 of
this Chapter that would lessen the degree of protection to a building will:
1. Result in increased premium rates for flood insurance up to
twenty -five dollars ($25) per one hundred dollars ($100) of
insurance coverage.
2. Increase the risk to life and property.
3. Require that if the applicant wishes to proceed, he /she must
acknowledge in writing the assumption of the risk and liability.
C. Variances to the building protection requirements of Section 7 of this
Chapter which are requested in connection with reconstruction, repair, or
alteration of a historic site or historic structure as defined in "Historic
Structures," may be granted using criteria more permissive than the
requirements of Sections 6 and 7 of this Chapter subject to the conditions
that:
1. The repair or rehabilitation is the minimum necessary to preserve
the historic character and design of the structure.
2. The repair or rehabilitation will not result in the structure being
removed as a certified historic structure.
8 -7 -12: Disclaimer of Liability
The degree of protection required by this Chapter is considered reasonable
for regulatory purposes and is based on available information derived from
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engineering and scientific methods of study. Larger floods may occur or
flood heights may be increased by man -made or natural causes. This Chapter
does not imply that development either inside or outside of the floodplain
will be free from flooding or damage. This Chapter 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 Chapter or any
administrative decision made lawfully thereunder.
Section 3. This ordinance repeals and replaces all other ordinances adopted by the
United City of Yorkville to fulfill the requirements of the National Flood Insurance
Program. 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 4. 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 5. This ordinance shall be in full force and effect from and after its passage,
approval, and publication as required by law.
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois, this a`, Day o f'-6- &A , A.D. 2009.
ATTEST:
Y UIRK
ROBYN SUTCLIFF JOSEPH BESCO
GARY GOLINSKI ARDEN JOSEPH PLOCHER�
WALTER WERDERICH MARTY MUNNS
ROSE ANN SPEARS BOB ALLEN
Approved by me, as Mayor of the United City of Yorkville, Kenda County,
Illinois, this 01 y Day of -r &8 P_U P / , A.D. 2009.
MAYOR
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