Loading...
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. 1 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. t 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.* t .. 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.* i t I I is p r � 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." 1 • Section 1910.3(d) - Summary I January 1917 I 1 1 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