O-77-60I�, r
ORDINANCE NO. 0 -77 -60
AN ORDINANCE AMENDING ARTICLE 6 OF CHAPTER 6
OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF
DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, AS FOLLOWS:
SECTION That Article 6 of Chapter 6.of the Municipal Code of the
ONE: Village of Deerfield of 1975, as amended, be and the same
is hereby further amended by deleting Sections 6 -38 and
6 -40 in their entirety and substituting in lieu thereof Sections 6 -38 through
6 -44, and Sections 6 -45A through 6 -50A, inclusive, as set forth below, and by
renumbering Section 6 -39 to Section 6 -51A, Section 6 -41 to Section 6 -52A,
Section 6 -42 to Section 6 -53A, Section 6 -43 to Section 6 -54A, Section 6 -44 to
Section 6 -55A:
"Section 6 -38. DEFINITIONS. For the purpose of this Article, the
following definitions are adopted:
(a) Development: any man -made change to improved or unimproved real
estate, including but not limited to construction of or substan-
tial improvements to buildings or other structures, the placement
of mobile homes, mining, dredging, filling, grading, paving, ex-
cavation or drilling operations.
(b) Flood or Flooding: ,a general and temporary condition of partial
or complete inundating of normally dry land areas from the over-
flow of inland waters, or the unusual and rapid accumulation or
runoff of surface waters from any source.
(c) Base Flood: a flood having a one percent chance of being
equalled or exceeded in any given year. The.base flood is also
known as the one hundred (100) year flood.
(d) Base Flood Elevation: the elevation in relation to Mean Sea
Level of the crest of the base flood.
(e) Structure: a walled and roofed building including a gas or
liquid storage tank that is principally above ground, as well
as a mobile home and /or a prefabricated building.
(f) Substantial Improvement: any repair, reconstruction or im-
provement of a structure, the cost of which equals or exceeds
fifty percent (50.%) of the market value of the structure either
before the improvement or repair is started, or if the structure
has been damaged, and is being restored, before the damage
occured. The term does not, however, include either: (1) any
project for improvement of a structure to comply with existing
state or local health, sanitary, or safety code specifications
which are solely necessary to assure safe living conditions, or
(2) any alteration of a structure or site documented as deserving
preservation by the Illinois Department of Conservation or listed
on the National Register of Historic Places.
Section 6 -39. FLOOD INSURANCE STUDY. The Flood Insurance Study and
amendments thereto, of the Village of Deerfield published by the United
States Department of Housing and Urban Development, Federal Insurance
Administration, is hereby adopted for the purpose of this ordinance and
a copy thereof is to be maintained in the office of the Village Engineer.
The Flood Insurance Study includes the Flood Boundary and Floodway Map
which delineates "A Zones" as areas that are susceptible to the base
flood, and delineates the Floodway, which is the channel of a river or
other watercourse and the adjacent land areas required to store and
convey the flood water of the base flood with no significant increase
in the height of the base flood. The Flood Insurance Study data shall
take precedence over other Base Flood Elevation data for the purpose
of this Article.
Section 6 -40. PERMIT REQUIRED.' No person, firm or corporation shall
commence any construction, substantial improvement, subdivision of land,
or other development in areas located in an A Zone without first obtain-
ing a permit from the Village of Deerfield. The Village of Deerfield
shall not issue such permit for any construction, substantial improve-
ment, or other development that does not comply with the provisions of
this Article or that has been denied a permit required by the Federal
or State law including Section 404 of the Federal Water Pollution Control
Act, 1972, 33 U.S.C. 1334.
Section 6 -41. APPLICATION.
(a) Within areas designated as A Zones, each application for develop-
ment shall be accompanied by elevations, in relation to Mean Sea
Level, of the lowest habitable floor, including basement, and in
the case of floodproofed structures, the elevation to which it
will be floodproofed.
(b) The Village of Deerfield shall require certification from a
registered professional engineer or architect that floodproofing
methods are adequate to withstand the flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with the base flood.
(c) The application shall also contain information or certification as
reasonably may be required by the Village of Deerfield in order
to determine eligibility for permits or to enforce the terms of
this ordinance.
Section 6 =42.. NEW CONSTRUCTION AND SUBSTANTIAL IMPROVEMENT STANDARDS.
All new construction and substantial improvements to structures located
in an A Zone shall;
(a) For residential structures have the lowest floor, including base-
ment, elevated to two (2) feet above the Base Flood Elevation.
(b) For non - residential structures have the lowest floor, including
basement, elevated or floodproofed to two (2) feet above the Base
Flood Elevation.
(c) Be designed or modified and adequately anchored to prevent flota-
tion, collapse, or lateral movement of the structure.
(d) Be constructed with materials and utility equipment resistant to
flood damage.
(e) Be constructed by methods and practices that minimize flood damage
to other properties.
(f) Have all structural components below the Base Flood Elevation
designed to be watertight with walls substantially impermeable to
the passage of water. Such structural components shall be designed
to resist hydrostatic and hydrodynamic loads and the effects of
buoyancy.
Section 6 -43. BASE FLOOD ELEVATION. The Board of Trustees shall obtain,
review, and utilize Base Flood Elevation data available from time to time
from federal, state, or other sources, until such time as such data has
been received from the Federal Insurance Administration. Base Flood data
received from the Federal Insurance Administration shall take precedence
over data from other sources.
The Base Flood Elevation at any particular location shall be as delineated
on the one - hundred (100) year Flood Profile in the Flood Insurance Study.
Section 6 -44. UTILITY STANDARDS. All new construction and substantial
improvements to utilities located in an A Zone shall provide that:
(a) All new and replacement water supply systems shall be designated
to minimize or eliminate infiltration or flood waters into the
system.
(b) All new and replacement sanitary sewage systems shall be designed
to minimize or eliminate infiltration of flood waters into the
systems and discharges from the systems into the flood waters.
(c) All new and replacement on -site water disposal systems shall be
located to avoid impairment to them or contamination from them
during flooding.
Section 6 -45A. SUBDIVISION AND OTHER DEVELOPMENT STANDARDS. All sub-
divisions and other development located in an A Zone shall provide that:
(a) All subdivision, resubdivision and other development proposals shall
be designed to minimize flood damage to the proposed subdivision,
resubdivision or development site as well as to other properties.
(b) All public utilities and facilities, such as sewer, gas, electrical,
and water systems shall be located, elevated, and constructed to
minimize or eliminate flood damage.
(c) Adequate drainage shall be provided so as to reduce exposure to
flood hazards.
(d) For any proposed subdivision, resubdivision or new development
greater than fifty (50) lots or five (5) acres, whichever is the
lesser, the applicant shall depict the Base Flood Elevation data
for each lot or platted parcel. Provided, that if the Base Flood
Elevation is not available the applicant shall compute and provide
this information for each lot or platted parcel greater than fifty
(50) lots or (5) acres, whichever is lesser.
Section 6 -46A. FLOODWAY.RESTRICTIONS. All new construction, substantial
improvement, subdivision or resubdivision of land, construction of utilities,
or other development that would result in any increase in the level of the
Base Flood shall be prohibited in the Floodway.
Section 6 -47A. WATERCOURSE STANDARDS. The Village of Deerfield shall
notify adjacent municipalities and the Illinois Department of Trans-
portation, Division of Water Resources and the Federal Insurance
Administration prior to any alteration or'relocation of a watercourse.
The flood carrying capacity within the altered or relocated portion of
any watercourse shall be maintained.
Section 6 -48A. REPORTS AND RECORDS.
(a) The Village of Deerfield shall provide the Illinois Department of
Transportation, Division of Water Resources, and the Federal
Insurance Administration with an annual report on forms as pro-
vided to the Village by the Federal Insurance Administration.
(b) The Village of Deerfield shall maintain the records of first
floor elevations, floodproofing certifications, all variance
documents required by Section 1910.6(a)(5) and (6) of the Rules
and Regulations of the National Flood Insurance Program, permit
applications, and all other records required by the Federal
Insurance Administration.
Section 6 -49A. VARIATIONS. Upon application by the petitioner, review
and recommendation by the Community Development Group, the corporate
authorities may grant variations from the strict provisions of this
Article subject to compliance with the provisions of Section 1910.6(a) of the
Rules and Regulations of the National Flood Insurance Program and upon com-
pliance with such other conditions as the Village deems necessary to comply
with the intent of this Article.
Section 6 -50A. DISCLAIMER OF LIABILITY.. The degree of flood protection
required by this Article is considered reasonable for regulatory purposes
and is based on engineering and scientific methods of study. Larger
floods may occur on occasion or the flood height may be increased by
man -made or natural causes. This Article does not imply that develop-
ment either inside or outside areas designated as an A Zone will be
free from flooding or damage. This Article does not create liability
on the part of the Village or any officer or employee thereof for any
flood damage that results from reliance on this Article or any adminis-
trative decision made lawfully thereunder.
SECTION That the Village Clerk is hereby directed to publish this
TWO: ordinance in pamphlet form.
SECTION That all ordinances or parts of ordinances in:conflict here -
THREE: with are, to the extent of such conflict, hereby repealed.
SECTION That this ordinance shall be in full force and effect from
FOUR: and after its passage, approval and publication as provided
by law.
AYES: Blumenthal, Gavin, Heisler, Marty, Seidman, Swanson (6)
NAYS: None (0)
ABSENT: None (0)
PASSED this 19th day of September A.D., 1977.
APPROVED this 19t1 day of September A.D., 1977.
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VILLAGE PRESIDENT
ATTEST:
WI /t c -cs--
VILLAGE CLERK
Ile list below outli s the flood plain management requiremen — of Section 1910.3(d). These
requirements are stated in regulatory language and are i.ntendcd to serve as a guideline in
formulating adequate flood plain management regulations. While the standards set out below
roust be Pdopted consistent with Section 1910.3(d), they should be tailored for consistency
with local regulatory language and comou nity needs.
Section 1910.3(d) requires that communities participating in the National Flood Insurance
Program apply flood plain management measures in areas identified by the Federal Insurance
Administration (FIA) as having special flood hazards by zones AMC, A0, and unnumbered.A
zones on the.corr-nunity's Flood Insurance Rate Map (FIRM).
The following minimum requirements apply in all zones designated on the FIRM:
1. Require permits for all proposed development in any area of special flood hazard. The
term "development" is defined to mean "any man -made change to improved or unimproved real.
estate, including but not limited to buildings or other structures, mining, dredging,
filling, grading, paving, excavation or drilling operations."
2. Review permits for proposed development to assure that all other necessary permits hava
been receives from those bovern,ental agencies from which approval is required by
Federal or State law.
3. Require that new construction (including prefabricated buildings and mobile homes) and
substantial improvements be anchored to prevent flotation and lateral movement, and be
constructed with flood resistant materials and methods. (See Section 1910.3(b)(8) for
anchoring standards for mobile homes).
4. Assure that subdivision proposals and proposals for other developments, including their '
,utilities and drainage, are located and designed to be consistent with the need to
minimize flood damage.
5. Require that all subdivision proposals and other proposed new developments greater than
50 lots or 5 acres, whichever is less, include base flood elevation data.
G. Require new water and sewer systems (including on -site systems) to be located and
designed to avoid impairment.
7. Obtain and maintain records of elevations and floodproof.ing levels for all'new or
substantially improved structures, and whether or not such structures contain a basement.
8. In river.ine situations, notify adjacent communities and the State Coordinating Office
prior to any alteration or relocation of a watercourse and submit copies of such
notifications to FIA. Within the altered or relocated portion of any watercourse,
assure that the flood carrying capacity is maintained.
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The following minimum requirements apply in specific zones designated on the FIFA:
j 9. Tn un_nirnbered A zrr.es, obtain, review, and reasonably utilize base flood elevation data
Tram alternative sources, prior to its being provided by FIA through its Flood Insurance
Rate Study, as criteria, for requiring that all new residential structures and substantial
improvements to existing structures have their lowest floor (including basement) elevated
to or above the base flood level, and that new nonresidential structures and substantial
improvements to. existing structures have the lowest floor (including basement) elevated or
floodproofed to or above the base flood level.*
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10. In zones Al -30, for new construction and substantial improvements, require that:
I Residential structures have the lowest floor (including basement) elevated to or above
the base flood level, unless the community is granted an exception for all the allowance
of-basemeats and /or storm cellars by the FIA.
Nonresidential structures have the lowest floor (including basement) elevated to or above
the base flood level; or be floodproofed to or above that level.*
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11. In zone A0, for new construction and substantial improvements, require that:
Residential. structures have the lowest floor (including basement)-elevated above the
crow: of the nearest street to or above the depth number specified on the comunity's
F I R.M. '
\onresidential. structures have the lowest floor (including basement) elevated above the
crown of the nearest street to or above the depth number specified on the cors2uni.ty's
FIRM; or be floodproofed to or-above that level.*
12. • In 7011es.A1 -30 and _AO where floodproofing is used in lieu of elevation, require that
a registered professional engineer or architect certify that the floodproofing methods
used are adequate to withstand the forces associated with the baue flood and subnit
such certification to the community; or submit to the FIA for approval, local regulations
containing detailed floodproofing specifications which meet the watertight performance
standards of Section 1910.3(c).
13. In zones Al -30, for new, substantially improved, or expanded mobile hone parks or
subdivisions and for mobile home placement not in existing mobile home parks or
subdivisions, require: that stands or lots are elevated to or above the base flood level,
that adequate access and drainage is provided, and if pilings are used for elevation,
that the.constructi,on standards for elevation on pilings are met (see Section 1910.3(c)
14, Adopt a regulatory floodway and assure that it is designed to carry the waters of the
base flood without increasing the base flood level more than one foot at any point.
15. In the regulatory floodway, prohibit any development or encroachment (including fill)
which would result in any increase in flood levels during the base flood discharge.
16. In the regulatory floodway, prohibit the placement of mobile homes, except in existing
mobile home parks or subdivisions.
*The term " floodproofed" is defined to mean "watertight with walls substantially impermeable
to the passage of water and with structural components having the capability of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy."
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Section 1910.3(d) - Summary
I January 1917
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STATE OF ILLINOIS )
COUNTIES OF LAKE AND COOK) SS
VILLAGE OF DEERFIELD )
The undersigned hereby certifies that she is the duly
elected and acting Village Clerk of the Village of Deerfield,
Lake and Cook Counties, Illinois, and that the foregoing is a
true and correct copy of the ordinance entitled "AN ORDINANCE
AMENDING ARTICLE 6 OF CHAPTER 6 OF THE MUNICIPAL CODE OF THE
VILLAGE OF DEERFIELD OF 1975 ", passed by the President and
Board of Trustees of the said Village at a regular meeting
thereof on the 19th day of September, 1977, and now in full
force and effect, all as appears on the records and files of
my office.
Dated this 27th day of September, 1977.
Catherine B. Price
Village Clerk
SEAL