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O-88-43f' 4940S/33 1 r f i ORDINANCE NO. 0 -88 -43 AN ORDINANCE AMENDING VARIOUS SECTIONS OF ARTICLE 6 OF CHAPTER 6 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 Published in pamphlet form this 18thday of July , 1988 by the President and Board of Trustees of Deerfield ORDINANCE NO. 0 -88 -43 AN ORDINANCE AMENDING VARIOUS SECTIONS OF 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 Section 6 -38 of Article 6 of Chapter 6 of the ONE: Municipal Code of the Village of Deerfield of 1975, as amended, be and the same is hereby further amended by deleting therefrom subsections 6- 38(a),,(f) in their entirety and substituting in lieu thereof the following: "(a) Development: any man -made change to improved or unimproved real estate, including but not limited to (i) construction, reconstruction, or placement of a building or any addition to a building valued at more than $1,000; (ii) installing a manufactured home on a site, preparing a site for a manufactured home or installing a travel trailer on a site for more than 1.80 days; (iii) installing utilities, construction of roads, or similar projects; (iv) construction or erection of levees, walls, fences, bridges or culverts; (v) drilling, mining, filling, dredging, grading, excavating, or other nonagricultural alterations of the ground surface; (vi) storage of materials; or (vii) any other activity that might change the direction, height, or velocity of flood or surface waters. (viii) the placement of mobile homes ORDINANCE NO. 0- 88 -:43: AN ORDINANCE AMENDING VARIOUS SECTIONS OF ARTICLE 6 OF CHAPTER 6 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 "Development" does not include maintenance of existing buildings and facilities such as re- roofing; re- surfacing roads; or gardening, plowing, and similar agricultural practices that do not involve filling, grading, or construction of levees. (f) Substantial Improvement: any repair, reconstruction or improvement of a structure (i) made to an existing building that increases the floor area by more than twenty percent (20 %) or (ii) the cost of which equals or exceeds fifty percent (50 %) of the market value of the structure, if the structure has been damaged, and is being restored, before the damage occurred." SECTION That Section 6 -38 of Article 6 of Chapter 6 of the TWO: Municipal Code of the Village of Deerfield of 1975, as amended, be and the same, is hereby further amended by adding thereto the following subsections 6 -38(g) and (h): "(g) "SFHA" or "Special Flood Hazard Area ": those lands within the jurisdiction of the Village that are subject to inundation by the base flood. The SFHAs of the Village are generally-identified as such on the current Flood Insurance Rate Map of the Village prepared by the Federal Emergency Management Agency. The SFHAs of those parts of unincorporated Cook County and Lake County that are within the extraterritorial jurisdiction of the Village or that may be annexed into the Village are generally identified as such on the Flood Insurance Rate Map from time to time prepared for Cook County and Lake County by the Federal Emergency Management Agency. (h) "FPE" or "Flood Protection Elevation ": the elevation of the base flood plus two feet at any given location in the SFHA." ORDINANCE NO. 0- 88 -43., AN ORDINANCE AMENDING VARIOUS SECTIONS OF ARTICLE 6 OF CHAPTER 6 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 SECTION That Section 6 -41 of Article 6 of Chapter 6 of the. THREE: Municipal Code of the Village of Deerfield of 1975, as amended, be and the same, is hereby further amended by deleting therefrom subsection 6 -41(a) in its entirety and substituting in lieu thereof the following: "(a) The application for a development permit shall be accompanied by drawings of the site, drawn to scale showing property line dimensions; existing grade elevations and all changes in grade resulting from excavation or filling; the location and dimensions of all buildings and additions to buildings; and the elevation of the lowest floor (including basement) of all proposed buildings subject to the requirements of Section 56A of this ordinance." SECTION That Section 6 -44 of Article 6 of Chapter 6 of the FOUR: Municipal Code of the Village of Deerfield of 1975, as amended, be and the same, is hereby further amended by deleting said Section in its entirety and substituting in lieu thereof the following: "Section 6 -44. Utility Standards. All new and replacement sanitary sewer lines and on -site waste disposal systems may be permitted providing manholes or other above ground openings located below the FPE are watertight." SECTION That Section 6 -45A of Article 6 of Chapter 6 of the FIVE: Municipal Code of the Village of Deerfield of 1975, as amended, be and the same, is hereby further amended by deleting therefrom subsection 6- 45A(b) in its entirety and substituting in lieu thereof the following: "(b) All new and replacement sanitary sewer lines may be permitted providing all manholes or other above ground openings located below the FPE are watertight." ORDINANCE NO. 0- 88 -4S- AN ORDINANCE AMENDING VARIOUS SECTIONS OF ARTICLE 6 OF CHAPTER 6 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 SECTION That Section 6 -47A Article 6 of Chapter 6 of the SIX: Municipal Code of the Village of Deerfield of 1975, as amended, be and the same, is hereby further amended by deleting said Section in its entirety and substituting in lieu thereof the following: "Section 6 -47A. Preventing Increased Damages. The Village of Deerfield shall notify adjacent municipalities and the Illinois Department of Transportation, 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. No development in the SFHA shall create a damaging or potentially damaging increase in flood heights or velocity or threat to public health and safety. a'. Within the floodway identified on the Flood Boundary Floodway Map, the following standards shall apply: (i) except as provided in Section 6- 47A(a), no development shall be allowed which acting in combination with existing or future similar works, will cause any increase in the base flood elevation. The specific development activities identified in Section 6- 47A(b) shall be considered as meeting this requirement. (ii) No increase in the base flood elevation may be permitted unless: (a) the total cumulative effect on the proposed development, when combined with all other existing and anticipated development, will not increase the base flood elevation more than 0.1 foot for the affected hydraulic reach of the stream and will not increase flood damages or potential flood damages; ORDINANCE NO. 0-88-43' AN ORDINANCE AMENDING VARIOUS SECTIONS OF ARTICLE 6 OF CHAPTER 6 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 (b) a permit has been issued by the Illinois Department of Transporta- tion, Division of Water Resource as required in Section 6- 47A(b); and (c) for all projects involving channel modifications or fill (including levees), the Village shall submit sufficient data to the Federal Emergency Management Agency to revise the regulatory flood data. b. Within all other riverine SFHAs, the following standards shall apply: (i) In addition to the other requirements of this ordinance, a development permit for a site located in a floodway (or in a riverine SFHA where no floodway has been identified) shall not be issued unless the applicant first obtains a permit or written documentation that a permit is not required from the Illinois Department of Transportation, Division of Water Resources, issued pursuant to Illinois Revised Statutes, Chapter 19, Sections 52 et. seq. (ii) The following activities may be constructed without the individual permit required in subsection 6- 47A(b) in accordance with Statewide Permits issued by the Illinois Department of Transportation, Division of Water Resources provided the activities do not involve placement of fill, change of grade, or construction in the normal channel. Such activities must still meet the other requirements of this ordinance: ORDINANCE NO. 0- 88 -..43 AN ORDINANCE AMENDING VARIOUS SECTIONS OF ARTICLE 6 OF CHAPTER 6 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 (a) The construction of underground utility lines not crossing a lake or stream; (b) The construction of light poles, sign posts and similar structures; (c) The construction of sidewalks, driveways, athletic fields (excluding fences), patios and similar surfaces which are built at grade; (d) The construction of properly anchored, unwalled, open structures such as playground equipment, pavilions, and carports; (e) The placement of properly anchored buildings not exceeding seventy (70) square feet in size, nor ten (10) feet in any dimension (e.g. animal shelters and tool sheds); and (f) The construction of additions to existing buildings which do not increase the first floor area by more than twenty (20) percent, which are located on the upstream or downstream side of the existing building, and which do not extend beyond the sides of the existing building that are parallel to the flow of flood waters. (iii) The total cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the base flood elevation more than 0.1 foot for the affected hydraulic reach of the stream and will not increase flood damages or potential flood damages; ORDINANCE NO. 0- 88 -43; AN ORDINANCE AMENDING VARIOUS SECTIONS OF ARTICLE 6 OF CHAPTER 6 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 (c) Public health standards in all SFHAs. (i) No development in the SFHA shall include locating or storing chemicals, explosives, bouyant materials, flammable liquids, pollutants, or other hazardous or toxic materials below the FPE unless such materials are stored in a storage tank or floodproofed building constructed according to the requirements of subsection 56A(d) of this ordinance. (ii) New and replacement sanitary sewer lines and on -site waste disposal systems may be permitted providing all manholes or other above ground openings located below the FPE are watertight." • SECTION That Article 6 of Chapter 6 of the Municipal Code SEVEN: of the Village of Deerfield of 1975, as amended be and the same is hereby further amended by deleting said Section 48A(b) in its entirety and substituting in lieu thereof the following: "Section 48A(b). The Village of Deerfield shall maintain the records of lowest floor elevations, flood proofing certifications, all variance documents required by Section 60.6a(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 That Article 6 of Chapter 6 of the Municipal Code EIGHT: of the Village of Deerfield of 1975, as amended be and the same is hereby further amended by adding thereto the following Section 49A: S ORDINANCE NO. 0 -88 -.4731 AN ORDINANCE AMENDING VARIOUS SECTIONS OF ARTICLE 6 OF CHAPTER 6 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 "Section 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 60.6a of the rules and regulations of the National Flood Insurance Program and upon compliance with such other conditions as the Village deems necessary to comply with the intent of this Article." SECTION That Article 6 of Chapter 6 of the Municipal Code NINE: of the Village of Deerfield of 1975, as amended be and the same is hereby further amended by deleting said Section 56A in its entirety and substituting in lieu thereof the following: "Section 56A. Protecting Buildings. In addition to the damage prevention requirements of Section 6 -47A, all buildings to be located in the SFHA shall be protected from flood damage below the FPE. This building protection requirement applies to the following situations: (i) construction or placement of a new building valued at more than $1,000; (ii) structural alterations made to an existing building that increase the floor area by more than 20 %, or the market value of the building by more than 50 %; (iii) reconstruction or repairs made to a damaged building that are valued at or more than 50% of the market value of the building before the damage occurred; ORDINANCE NO. 0 -88- 43 AN ORDINANCE AMENDING VARIOUS SECTIONS OF ARTICLE 6 OF CHAPTER 6 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 (iv) installing a manufactured home on a new site or a new manufactured home on an existing site. This ordinance does not apply to returning a manufactured home to the same site it lawfully occupied before it was removed to avoid flood damage; and (v) installing a travel trailer on a site for more than 180 days. This building protection requirement may be met by one of the following methods. The Building Official shall maintain a record of compliance with these building protection standards as required in Section 6 -47 of this Ordinance. A residential or nonresidential building may be constructed on permanent landfill in accordance with the following: (i) The fill shall be placed in layers no greater than 1 foot deep before compaction. (ii) The lowest floor (including basement) shall be at or above the FPE. The fill should extend at least ten feet beyond the foundation of the building before sloping below the FPE. (iii) The fill shall be protected against erosion and scour during flooding by vegetative cover, rip rap, or bulkheading. If vegetative cover is used, the slopes shall be no steeper than 3 horizontal to 1 vertical. ORDINANCE NO. 0 -88 -43 AN ORDINANCE AMENDING VARIOUS SECTIONS OF ARTICLE 6 OF CHAPTER 6 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 (iv) The fill shall not adversely affect the flow of surface drainage from or onto neighboring properties. A residential or nonresidential building may be elevated in accordance with the following: (i) The building or improvements shall be elevated on crawl space, walls, stilts, piles, or other foundation provided: (a) the walls have permanent openings no more than one foot above grade; and (b) the walls and floor are not subject to damage by hydro- static pressures associates with the base flood. (ii) The foundation and supporting members shall be anchored and aligned in relation to flood flows and adjoining structures so as to minimize exposure to known hydrodynamic forces such as current, waves, ice and floating debris. (iii) All areas below the FPE shall be constructed of materials resistant to flood damage. The lowest floor (including basement) and all electrical, heating, ventilating, plumbing, and air conditioning equipment and utility meters shall be located at or above the FPE. Water and sewer pipes, electrical and telephone lines, submersible pumps, and other waterproofed service facilities may be located below the FPE. ORDINANCE NO. 0-88-43 AN ORDINANCE AMENDING VARIOUS SECTIONS OF ARTICLE 6 OF CHAPTER 6 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 Manufactured homes and travel trailers to be installed on a site for more than 180 days shall be: (i) elevated at or above the FPE in accordance with Section 6 -47A (a) or 6 -47A (b) and (ii) 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 Illinois Revised Statutes, Chapter 111 -1/2, Sections 4401 -4406. Only a non - residential building may be floodproofed in accordance with the following: (i) A Registered Professional Engineer shall certify that the building has been designed so that below the FPE, the structure and attendant utility facilities are watertight and capable of resisting the affects of the base flood. The building design shall take into account flood velocities, duration, rate of rise, hydrostatic and hydrodynamic forces, the effects of buoyancy, and impacts from debris or ice. (ii) Floodproofing measures shall be operable without harm intervention and without an outside source of electricity." ORDINANCE NO. 0 -88 -43 AN ORDINANCE AMENDING VARIOUS SECTIONS OF ARTICLE 6 OF CHAPTER 6 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 SECTION That the Village Clerk is hereby directed to publish TEN: this Ordinance in pamphlet form. SECTION That this Ordinance shall be in full force and effect ELEVEN:' from and after its passage and approval as provided by law. AYES: MAROVITZ, MARTY, ROSENTHAL, SEIDMAN, SWANSON, YORK (6) NAYS: NONE (0) ABSENT: NONE (0) PASSED this 18th day of ;duly A.D. 1988. APPROVED this 18th day of July A.D. 1988. VILLAGE PRESIDENT ATTEST: VILLAGE CLERK I