Ordinance 2008-085 Ordinance No. Q, •g;S
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS
PROVIDING FOR REGULATING DEVELOPMENT IN FLOODPLAIN AREAS
WHEREAS, the United City of Yorkville (the "City ") is a non home -rule
municipality in accordance with the Constitution of the State of Illinois of 1970 and has
the powers granted to it by law;
WHEREAS, pursuant to Section 11 -30 -2 and 11 -30 -8 of the Illinois Municipal
Code (65 ILCS 511 -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,
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. Title 10 of the United City of Yorkville Code of Ordinances is hereby
amended by adding the following new Chapter 16:
CHAPTER 16
REGULATING DEVELOPMENT IN FLOODPLAIN AREAS
10 -16 -1: PURPOSE: This ordinance 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;
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;
1
E. maintain property values and a stable tax base by minimizing the potential for
creating blight areas;
F. make federally subsidized flood insurance available, and
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.
10 -16 -2: DEFINITIONS
For the purposes of this ordinance, the following definitions are adopted:
i
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 ordinance.
Base Flood Elevation (BFE) - The elevation in relation to mean sea level of
the crest of the base flood.
Basement- That portion of a building having its floor sub -grade (below ground
level) on all sides.
Building- A walled and roofed structure, including 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: emergency services facilities (such as fire and police stations),
schools, hospitals retirement homes and senior care 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
necessarily limited to:
2
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;
I
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 filing, 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 Mau- A map prepared by the Federal Emergency
Management Agency that depicts the floodplain or special flood hazard area
(SFHA) within a community. This map includes insurance rate zones and may
or may not depict floodways and show base flood elevations.
Flood Insurance Studv- An examination, evaluation and determination of
flood hazards and, if appropriate, corresponding water surface elevations.
F000dvlain 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 Flood Insurance Rate Map of Kendall County prepared by the
3
I
Federal Emergency Management Agency and dated February 4, 2009.
Floodplain also includes those areas of known flooding as identified by the
community. Until the Rob Roy Creek floodplain is identified on the countywide
Flood Insurance Rate Map 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
Flood Insurance Rate map prepared for Kendall County by the Federal
Emergency Management Agency and dated February 4, 2009.
Floodvroofing- 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.
Floodproofma Certificate- A form published by the Federal Emergency
management agency that is used to certify that a building has been designed and
constructed to be structurally dry 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.
i
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 Flood Insurance Rate Map of Kendall
County prepared by FEMA and dated February 4, 2009. 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.
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.
4
3. Individually listed on the state inventory of historic places by the
Illinois Historic Preservation Agency.
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, usable 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 ordinance.
Manufactured Home- A structure transportable in one or more sections, that is
built on a permanent chassis and is designed to be used with or without a
permanent foundation when connected to required utilities.
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.
Reuetitive Loss- Flood related damages sustained by a structure on two
separate occasions during a ten year period for which the cost of repairs at the
time of each such flood event on the average equals or exceeds twenty -five
percent (25 %) of the market value of the structure before the damage occurred.
SFHA- See definition of floodplain.
Structure (see `Building ")
Substantial Damage- Damage of any origin sustained by a structure whereby
the cumulative percentage of damage subsequent to the adoption of this
ordinance 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 Buildings" (see definition).
5
Substantial Improvement- Any reconstruction, rehabilitation, addition or
improvement of a structure taking place subsequent to the adoption of this
ordinance in which the cumulative percentage of improvements:
equals or exceeds fifty percent (50 %) of the market value of the
structure before the improvement or repair is started, or
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 community'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.
10 -16 -3: Base Flood Elevation
This ordinance's protection standard is the base flood. The best available base
flood data are listed below. Whenever a party disagrees with the best available
data, the party shall finance the detailed engineering study needed to replace the
existing data with better data and submit it to the FEMA and IDNR/OWR for
approval prior 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 prepared by the Federal Emergency Management
Agency and dated February 4, 2009.
B. The base flood elevation for each floodplain delineated as an "AH Zone" or
AO Zone" shall be that elevation (or depth) delineated on the county wide
Flood Insurance Rate Map of Kendall County.
6
C. The base flood elevation for each of the remaining floodplains delineated as
an "A Zone" on the countywide Flood Insurance Rate Map of Kendall County
shall be according to the best data available from federal, state or 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 prepared by the Federal Emergency Management
Agency and dated February 4, 2009.
10 -16 -4: Duties of the Code Official
The Code Official shall be responsible for the general administration of this
ordinance and ensure that all development activities within the floodplains under
the jurisdiction of the United City of Yorkville meet the requirements of this
ordinance. Specifically, the Code Official shall:
A. process development permits in accordance with Section 5;
B. ensure that all development in a floodway (or a floodplain with no delineated
floodway) meets the damage prevention requirements of Section 6;
C. ensure that the building protection requirements for all buildings subject to
Section 7 are met and maintain a record of the "as- built" elevation of the
lowest floor (including basement) or floodproof certificate;
D. assure that all subdivisions and annexations meet the requirements of Section
8;
E. ensure that water supply and waste disposal systems meet the Public Health
standards of Section 9;
F. if a variance is requested, ensure that the requirements of Section 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 ordinance;
H. assure that applicants are aware of and obtain any and all other required local,
state, and federal permits;
I. notify IDNR/OWR and any neighboring communities prior to any alteration
or relocation of a watercourse;
7
J. provide information and assistance to citizens upon request about permit
procedures and floodplain construction techniques;
K. cooperate with state and federal floodplain management agencies to
coordinate base flood data and to improve the administration of this
ordinance;
i
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 ordinance;
M. perform site inspections to ensure compliance with this ordinance and make
substantial damage determinations for structures within the floodplain, and
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.
10 -16 -5: Development Permit
No person, firm, corporation, or governmental body not exempted by law shall
commence any development in the floodplain without first obtaining a
development permit from the Code Official. The Code Official shall not issue a
development permit if the proposed development does not meet the requirements
of this ordinance.
A. The application for development permit shall be accompanied by:
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;
4. the elevation of the lowest floor (including basement) of all proposed
buildings subject to the requirements of Section 7 of this ordinance;
and
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
8
development located on land that can be shown by the base flood elevation.
Any development located on land that can be shown by survey data to be
higher than the current base flood elevation and which has not been filled after
the date of the site's first Flood Insurance Rate Map is not in the floodplain
and therefore not subject to the requirements of this ordinance. Conversely,
any development located on land shown to be below the base flood elevation
and hydraulically connected, but not shown on the current Flood Insurance
Rate Map, is subject to the provisions of this ordinance.
The Code Official shall maintain documentation of the existing ground
elevation at the development site and certification that this ground elevation
existed prior to the date of the site's first Flood Insurance Rate Map
identification.
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.
10 -16 -6: Preventing Increased Flood Heights and Resulting Damages
Within any floodway identified on the countywide Flood Insurance Rate Map,
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 ordinance, no development shall be
allowed which, acting in combination with existing and anticipated
development will cause any increase in flood heights or velocities or threat to
public health and safety. The following specific development activities shall
be considered as meeting this requirement:
1. Bridge and culvert crossings of streams in rural areas meeting the
following conditions of the Illinois Department of Natural
Resources, Office of Water Resources Statewide Permit Number 2:
a. The crossing will not result in an increase in water
surface profile elevation in excess of 1.0 feet, and
b. The crossing will not result in an increase in water
surface profile elevation in excess of one half (0.5) feet
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.
9
I
d. The ro osed bridge or culvert crossing will not
p p g g
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 permit.
f. The design must be certified by a second licensed
professional engineer.
2. Barge fleeting facilities meeting the following conditions of
IDNR/OWR Statewide Permit Number 3:
a. The permit is only applicable 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.
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 limited established by the IDNR and
Corps of Engineers.
10
- I
I
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 permit 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
I
5. Minor, non - obstructive activities meeting the following conditions of
IDNR/OWR Statewide Permit Number 6:
a. The following activities (not involving fill or positive
change in grade) are covered by this permit:
i. The construction of underground utility lines, wells,
or septic tanks not crossing a lake or stream.
ii. The construction of light poles, sign posts, and
similar structures.
iii. The construction of sidewalks, driveways, athletic
fields (excluding fences), patios, and similar
structures.
11
iv. The construction of properly anchored, unwalled,
open structures such as playground equipment,
pavilions, and carports.
v. The placement of properly anchored buildings not
exceeding seventy (70) square feet in size, nor ten
(10) square feet in any dimension. Only one such
building on a property is authorized by this
statewide permit.
vi. 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:
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 to their original
contours and seeded or otherwise stabilized upon
completion of construction.
7. Underground pipeline and utility crossings meeting the 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.
12
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.
c. Any utility crossing carrying material which may 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 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 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 Department should be consulted if there is
a question of whether or not an area is considered
urban).
b. In addition to the materials listed in Section 6 (A) (8)
(a), other materials (e.g. tire revetments) may be
utilized in rural areas provided all other conditions of
this permit are met.
c. The following materials shall not be used in any case:
auto bodies, garbage of 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 Protections
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.
13
- _ 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.
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:
Ut 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.
14
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 the requirements of the local floodplain
ordinance.
b. The principle structure to which the project is being
added must have been in existence on the effective date
of this permit (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, and
d. 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.
g. Only one accessory structure or addition to an existing
structure shall be authorized by this permit; plans for
any subsequent addition must be submitted to
IDNR/OWR for review.
h. Disturbances 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
15
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;
i
I
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;
I
iv. used to stabilize and existing levee provided the
height of the levee would not be increased nor its
alignment changed;
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 j
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:
16
i. No buildings or structures have been impacted by
the backwater induced by the existing structure, and
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).
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 Department's
Statewide Permit Number 9 (Minor Shoreline, channel
and Streambank Protection Activities) or Statewide
Permit Number 11 (Minor Maintenance Dredging
Activities).
e. The permittee shall maintain records of projects
authorized by this permit 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
17
Il i
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.
i
d. This permit 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 temporary structure
will meet the requirements of Special Condition
Number 3 of this statewide permit. 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 permit 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 6(A) may be permitted pply if
18
i
I
1. 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.
10 -16 -7: Protecting Buildings
A. In addition to the damage prevention requirements of Section 6 of this
ordinance, 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 percent
(50 %). Alteration shall be figured cumulatively subsequent to the
adoption of this ordinance. 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
ordinance. 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. Repetitive loss to an existing building as defined in Section 2.
B. Residential or non - residential buildings 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:
19
a. The lowest floor (including basement) shall be at or
above the flood protection elevation.
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, and
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.
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, and
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.
20
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, or
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.
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.
21
f. Portions of the building below the flood protection
elevation must be constructed with materials resistant to
flood damage, and
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.
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
floodproofing 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), and
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 issued pursuant to 77 Ill. Adm.
Code § 870.
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:
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.
22
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.
9. The vehicle must be licensed and titled as a recreational vehicle or
park model, and
10. 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. Garaizes, 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 of 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.
23
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.
I
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.
10 -16 -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 protections
standards of Sections 6 and 7 of this ordinance. 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, and
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 seq. 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.
24
10 -16 -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 ordinance 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 ordinance.
2. Public utilities and facilities such as sewer, gas and electric shall be
located and constructed to minimize or eliminate flood damage.
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.
25
10- 16 -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 communities in
writing thirty (30) days prior to the issuance of a permit for the alteration or
relocation of the watercourse.
10- 16 -11: Variances
Whenever the standards of this ordinance place undue hardship on a specific
development proposal, the applicant may apply to the City Clerk for a variance.
The City Clerk shall review the applicant's request for a variance and shall submit
its recommendation to the City Council. The City Council may attach such
conditions to granting of a variance as it deems necessary to further the intent of
this ordinance.
A. No variance shall be granted unless the applicant demonstrates that all of the
following conditions are met:
1. The development activity cannot be located outside the floodplain.
2. An exceptional hardship would result if the variance were not
granted.
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, and
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 protections standards of Section 7 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;
26
2. Increase the risk to life and property, and
3. 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 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 ordinance 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.
10- 16 -12: Disclaimer of Liability
The degree of protection required by this ordinance is considered reasonable for
regulatory purposes and is based on available information derived from
engineering and scientific methods of study. Larger floods may occur or flood
heights may be increased by man-made or natural causes. This ordinance does
not imply that development either inside or outside of the floodplain will be free
from flooding or damage. This ordinance does not create liability on the part of
the United City of Yorkville or any officer or employee thereof for any flood
damage that results from proper reliance on this ordinance or any administrative
decision made lawfully thereunder.
10- 16 -13: Penalty
Failure to obtain a permit for development in the floodplain or failure to comply
with the conditions of a permit or a variance shall be deemed to be a violation of
this ordinance. Upon due investigation, the City Attorney may determine that a
violation of the minimum standards of this ordinance exists. The City Attorney
shall notify the owner in writing of such violation.
A. The United City of Yorkville shall inform the owner that any such violation is
considered a willful act to increase flood damages and therefore may cause
coverage by a Standard Flood Insurance Policy to be suspended.
The Code Official is authorized to issue an order requiring the suspension of
the subject development. The stop -work order shall be in writing, indicate the
27
I
I
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.
No site development permit shall be permanently suspended or revoked until a
hearing is held pursuant to Title 1, Chapter 13 of the United City of Yorkville
Code of Ordinances.
B. Nothing herein shall prevent the United City of Yorkville from taking such
other lawful action to prevent or remedy any violations. All costs connected
therewith shall accrue to the person or persons responsible.
Section 2. Abrogation and Greater Restrictions
This ordinance repeals and replaces other ordinances adopted by the United City of
Yorkville to fulfill the requirements of the National Flood Insurance Program including
Ordinance 2004 -18: An Ordinance Regulating Development In Floodplain 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 3. Severability
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 4. Effective Date
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 of , A.D. 2008.
CITY CLERK
28
I
I
I
I
i
ROBYN SUTCLIFF JOSEPH BESCO
GARY GOLINSKI ARDEN JOSEPH PLOCHER�
WALTER WERDERICH MARTY MUNNS
ROSE ANN SPEARS % -- v BOB ALLEN
C
I
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this a 3 Day of 5SEP TE-A4 L3EP, , A.D. 2008.
j1jMJ1 3UA,�
MAYOR
29