1987-031..11
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ORDINANCE NO. 87 - 31
AN ORDINANCE AMENDING THE FLOODPLAIN ORDINANCE
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS:
Section 1. Title 18 of the Buffalo Grove Municipal Code is amended to read
as follows:
TITLE 18
FLOODPLAIN REGULATIONS
CHAPTERS:
18.04 GENERAL PROVISIONS
18.08 DEFINITIONS
18.12 REQUIREMENTS AND RESTRICTIONS
18.16 VIOLATIONS
CHAPTER 18.04
GENERAL PROVISIONS
SECTIONS:
18.04.010 PURPOSE
18.04.020 SCOPE
18.04.030 COMPLIANCE WITH OTHER APPLICABLE REGULATIONS
REQUIRED
Section 18.04.010 Purpose - This ordinance is enacted pursuant to the
police powers granted to the Village by Illinois Revised Statutes, Chapter
24, Sections 1 -2 -1, 11- 12 -12, 11 -30 -2, 11 -30 -8, and 11 -31 -2 in order to
accomplish the following purposes:
a. to prevent unwise development from increasing flood or drainage hazards
to others;
b. to protect new buildings and major improvements to buildings from flood
damage;
C. to protect human life and health from the hazards of flooding;
d. to lessen the burden on the taxpayer for flood control projects,
repairs to flood- damaged public facilities and utilities, and flood
rescue and relief operations;
e. to maintain property values and a stable tax base by minimizing the
potential for creating flood blighted areas; and
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f. to make federally
in the Village by
Insurance Program.
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subsidized flood insurance available for property
fulfilling the requirements of the National Flood
18.04.020 Scope - This Title is intended to supplement the Buffalo Grove
Zoning Ordinance, Development Ordinance, Building Code, and
Stormwater and Detention Ordinance and further regulate and restrict
the subdivision, layout, and improvement of land, including drainage,
underground utilities and service facilities; the excavating, filling
and grading of lots and other parcels and Special Flood Hazard Areas
(SFHA), and storing of certain materials thereon, stream and other
floodwater runoff channels, and detention ponds and basins; and the
location, construction and elevation of buildings and other structures and
parts and appurtenances thereof, and the drainage of parking and other
paved lots and areas. In the event there is any conflict between the
provisions of this Title and any other Village ordinance, the more
restrictive provision or provisions shall be applicable.
18.04.030 Compliance With Other Applicable Regulations Required - Before
starting any of the work or uses regulated by this Title, an
applicant shall comply with requirements set forth in all other
applicable ordinances and regulations with respect to submission and
approval of preliminary and final subdivision plats, improvement plans,
building and zoning permits, inspections, appeals and similar matters,
along with those set forth in this Title as required by Federal or State
statutes and regulations of any departments of the State.
CHAPTER 18.08
DEFINITIONS
SECTIONS:
18.08.010
BASE FLOOD
18.08.020
BUILDING
18.08.030
COMPENSATORY STORAGE
18.08.040
DEVELOPMENT
18.08.050
FLOOD
18.08.060
FLOODWAY
18.08.070
FLOOD PROTECTION ELEVATION
18.08.080
RIVERINE SPECIAL FLOOD HAZARD AREA
18.08.090
SPECIAL FLOOD HAZARD AREA
Section 18.08.010 Base Flood - Base Flood means: the flood having a
one - percent probability of being equalled 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 18.12.020 of this Title.
Section 18.08.020 Building - Building means a structure that is principally
above ground and is enclosed by walls and a roof. The term includes a gas
or liquid storage tank, a manufactured home, or a prefabricated building.
The term also includes recreational vehicles and travel trailers to be
installed on a site for more than 180 days.
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Section 18.08.030 Compensatory Storage - Compensatory Storage means an
artificially excavated volume of storage within the area covered by the
base flood designed to balance the loss of natural flood storage capacity
when artificial fill or structures are placed within the floodplain.
Section 18.08.040 Development - Development means any man -made change to
real estate, including:
(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 180 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.
Development does not include maintenance or 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.
Section 18.08.050 Flood - Flood means a general and temporary condition of
inundation of normally dry land areas from the overflow, the unusual and
rapid accumulation, or the runoff of surface waters from any source.
Section 18.08.060 Floodway - Floodway means that portion of the SFHA
required to store and convey the base flood. The floodway for the SFHAs of
Buffalo Creek, Farrington Ditch, and White Pine Ditch shall be as
delineated on the Flood Boundary and Floodway Map prepared by the Federal
Emergency Management Agency and dated June 11, 1982. The floodway for each
of the remaining SFHAs of the Village shall be according to the best data
available to the Illinois State Water Survey Floodplain Information
Repository.
Section 18.080.070 Flood Protection Elevation - Flood protection elevation,
or FPE, means the elevation of the base flood plus thirty (30 ") inches at
any given location in the SFHA.
Section 18.08.080 Riverine Special Flood Hazard Area - Riverine Special
Flood Hazard Area means any SFHA subject to flooding from a river, creek,
intermittent stream, ditch or any other identified channel. This term does
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not include areas subject to flooding from lakes (except public bodies of
water), ponding areas, areas of sheet flow, or other areas not subject to
overbank flooding.
Section 18.08.090 Special Flood Hazard Area - Special Flood Hazard Area, or
SFHA, means those lands within the jurisdiction of the Village that are
subject to inundation by the base flood. The SFHA's of the Village are
generally identified as such on the Flood Insurance Rate Map of the Village
!prepared by the Federal Emergency Management Agency and dated June 11,
1982. The SFHA's of those parts of unincorporated Cook and Lake Counties
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 Maps prepared by the Federal Emergency Management
Agency. For Cook County the FIRM is dated December 4, 1984, and for Lake
County the FIRM is dated November 3, 1982.
CHAPTER 18.12
REQUIREMENTS AND RESTRICTIONS
SECTIONS:
18.12.010
DUTIES OF THE VILLAGE ENGINEER
18.12.015
DUTIES OF THE DIRECTOR OF BUILDING AND ZONING
18.12.020
BASE FLOOD ELEVATION
18.12.030
DEVELOPMENT PERMIT
18.12.040
PREVENTING INCREASED DAMAGES
18.12.050
PROTECTING BUILDINGS
18.12.060
NEW DEVELOPMENT STANDARDS
18.12.070
OTHER DEVELOPMENT REQUIREMENTS
18.12.080
VARIANCES
18.12.090
DISCLAIMER OF LIABILITY
18.12.100
ABROGATION AND CREATION RESTRICTIONS
18.12.110
SEPARABILITY
Section 18.12.010 Duties of the Village Engineer - The Village Engineer
shall be responsible for the general administration and enforcement of this
ordinance, including but not limited to the following duties;
a. Ensure that all development activities, except building construction,
within the SFHA's of the jurisdiction of the Village meet the
requirements of this Title.
b. Provide information and assistance to citizens upon request about
permit procedures and floodplain construction techniques.
C. Ensure that construction authorization has been granted by the
Illinois Department of Transportation, Division of Water Resources for
all development projects subject to Section 18.12.040 of this
Title, and maintain a record of such authorization.
d. Inspect all development projects to ensure they comply with the
provisions of this Title.
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e. Cooperate with state and federal floodplain management agencies to
improve base flood and floodway data and to improve the administration
of this ordinance. Submit reports as required for the National Flood
Insurance Program.
f. Maintain for public inspection and furnish upon request base flood
data, SFHA maps, copies of federal or state permit documents.
Section 18.12.015 Duties of the Director of Building and Zoning
a. Maintain a record of the "as built" elevation of the lowest floor
(including basement) of all buildings subject to Section 18.12.050 of
this Title.
b. Maintain a record of the engineer's certificate and the "as built"
flood - proofed elevation of all building subject to Section 18.12.050
d. of this Title.
C. Inspect all development projects to ensure they comply with the
provisions of this Title.
d. Maintain for public inspection and furnish upon request "as built"
elevation and floodproofing data for all buildings constructed subject
to this Title.
Section 18.12.020 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
may finance the detailed engineering study needed to replace existing data
with better data and submit it to the State Water Survey and the Federal
Emergency Management Agency.
a. The base flood elevation for the SFHA's of Buffalo Creek, Farrington
Ditch, and White Pine Ditch shall be as delineated on the 100 year
flood profiled in the Flood Insurance Study of the Village prepared by
the Federal Emergency Management Agency and dated June 11, 1982, as
may be amended from time to time.
b. The base flood elevation for each SFHA delineated as an "AH Zone"
or "AO Zone" shall be that elevation (or depth) delineated on the
Flood Insurance Rate Map of the Village.
C. The base flood elevation for each of the remaining SFHAs delineated
as an unnumbered "A Zone" on the Flood Insurance Rate Map of the
Village shall be according to the best data available to the Illinois
State Water Survey Floodplain Information Repository. When no base
flood elevation exists, the base flood elevation shall be the 100
year flood depth calculated according to the formulas presented in
Depth & Frequency of Floods in Illinois published by the U.S. Geologi-
cal Survey, 1976.
d. The base flood elevation for the SFHA's of those parts of unincorpor-
ated Cook and Lake Counties that are within the extraterritorial
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jurisdiction of the Village or that may be annexed into the Village
shall be as delineated on the 100 year profiles in the Flood Insurance
Studies of Cook County dated December 4, 1984, and Lake County dated
May 3, 1982, both prepared by the Federal Emergency Management Agency
as amended from time to time.
Section 18.12.030 Development Permit - No person, firm, corporation, or
governmental body not exempted by state law shall commence any development
in the SFHA without first obtaining a development permit from the Village
Engineer. The Village Engineer shall not issue a development permit if the
proposed development does not meet the requirements of this Title.
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 18.12.050 of this Title, and all other
village ordinances.
b. Upon receipt of an application for a development permit, the Village
Engineer shall compare the elevation of the site to the base flood
elevation. Any development located on land that can be shown to have
been higher than the base flood elevation as of the date of the site's
first Flood Insurance Rate Map identification is not located in the
SFHA and therefore not subject to the requirements of this Title.
The Village Engineer 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.
C. Village Engineer shall inform the applicant of any and all other
local, state, and federal permits that may be required for this type
of development activity. The Village Engineer shall not issue the
development permit unless all required federal and state permits have
been obtained. The Village Engineer may rely on the certification by
the developer or his engineer that all other required permits have
been obtained.
Section 18.12.040 Preventing Increased Damages - 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 and Floodway Map,
the following standards shall apply:
(i) Except as provided in Section 18.12.040.a.(ii), 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 18.12.040.b.(ii) shall be considered as meeting this
requirement.
b.
(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
developments, will not increase the base flood elevation
more than 1.0 foot for the affected hydraulic reach of the
steam except that at the property line the increase in the
base flood elevation may not exceed 0.10 foot and will not
increase flood damages or potential flood damages;
(b) a permit has been issued by the Illinois Department of
Transportation, Division of Water Resources as required in
Section 18.12.040.b.(i) 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.
Within all other riverine SFHAs the following standards shall
apply:
(i) In addition to the other requirements of this Title, 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, Section 52 et.
seq.
(ii) The following activities may be constructed without the
individual permit required in Section 18.12.040.b.(i) 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 Title.
(a)
(b)
(c)
(d)
the construction of underground utility lines not crossing
a lake or steam;
the construction of light poles, sign posts and similar
structures;
the construction of
(excluding fences),
built at grade;
the construction of
structures such as
carports;
sidewalks, driveways, athletic fields
patios and similar surfaces which are
properly anchored, unwalled, open
playground equipment, pavilions, and
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(e) the placement of properly anchored buildings not exceeding
seventy (70) square feet in size, nor ten (10) feet in
dimension feet in 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 down-
stream side of the existing building, and which do not
extend beyond the sides of the existing building that
area parallel to the flow of flood water.
(iii) The total cumulative effect of the proposed development when
combined with all other existing and anticipated develop-
ments, will not increase the base flood elevation more than
1.0 foot for the affected hydraulic reach of the steam
except that at the property line the increase in the base
flood elevation may not exceed 0.10 foot and will not
increase flood damage or potential flood damage.
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 Section 18.12.050.d.
(ii) All new and replacement water supply systems shall be
designed to minimize or eliminate infiltration of flood
waters into the systems.
(iii) 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 water.
(iv) All new and replacement sanitary manholes must have rim
elevations above the FPE or must be provided with watertight
lock -type covers of a type acceptable to the Metropolitan
Sanitary District of Greater Chicago and to the Village
Engineer.
(v) All connections of ground water drains or surface water
drains to the sanitary sewer are prohibited.
Section 18.12.050 Protecting Buildings - In addition to the damage
prevention requirements of Section 18.12.040, all buildings located in the
SFHA shall be protected from flood damage below the FPE. This building
protection requirement applied to the following situations:
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M construction or placement of a new building valued at more
than $1,000.00;
(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 more than 50% of the market value of the building
before the damage occurred;
(iv) installing a manufactured home on a new site or a new
manufactured home to an existing site. This Title 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 Director of Building and Zoning shall maintain a record of
compliance with these building protection standards as required in Section
18.12.015 of this Title.
a. A residential or nonresidential building may be constructed on
permanent land fill 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.
(iv) The fill shall not adversely affect the flow of surface drainage
from or onto neighboring properties..
b. 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 hydrostatic
pressures associated with the base flood.
(ii) The foundation and supporting members shall be anchored and
aligned in relation to flood flows and adjacent structures so as
to minimize exposure to known hydrodynamic forces such as
currents, 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.
C. 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 18.12.050
(a) or (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.
d. 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 or
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 or buoyancy,
and impacts from debris or ice.
(ii) Floodproofing measures shall be operable without human
intervention and without an outside source of electricity.
Section 18.12.060 New Development Standards - all new developments shall
have:
a. the proposed site of the structure filled so that the elevation
of the top of the foundation or lowest point of water entry
for the structure is at the FPE.
b. basements, cellars or crawl spaces made of concrete, structurally
adequate, poured in place with no openings below FPE except for
openings for utilities which shall be sealed, floodproofed and
made watertight in a manner acceptable to the Director of
Building and Zoning.
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C. a door sill, window sill, or the base of any other opening in the
outer walls of a structure or any gravity connected sewer opening
constructed at an elevation not lower than the FPE, except at the
point of access for an interior truck dock which must be at least
one and one -half (1 -1/2) feet above the Base Flood Elevation.
d. all structures floodproofed, watertight and designed to prevent sewer
backup and groundwater seepage according to standards approved by the
Director of Building and Zoning.
e. have the elevation of the ground for a minimum distance of twenty -five
(25) feet immediately surrounding any building or structure erected or
moved within or adjacent to a SFRA at an elevation which is not less
than one (1) foot above the Base Flood Elevation and no portion of the
lot or parcel below the Base Flood Elevation.
Section 18.12.070 Other Development Requirements - The Board of Trustees
shall take into account flood 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, travel trailer parks,
annexation agreements, planned unit developments (PUDs) and additions
to manufactured home parks and subdivisions shall meet the requirements
of Sections 18.12.040 and 18.12.050 of this Title. Plats or plans for
new subdivisions, manufactured home parks, and planned unit develop-
ments (PUDs) shall include a signed statement by a Registered
Professional Engineer that the plat or plan accounts for changes in the
drainage of surface waters in accordance with the Plat Act (Illinois
Revised Statutes, Chapter 109, Section 2).
b. Proposals for new subdivisions, manufactured home parks, travel trailer
parks, planned unit developments (PUDs) and additions to manufactured
home parks and subdivisions shall include base flood elevation data and
floodway delineations. Where this information is not available from an
existing study filed with the Illinois State Water Survey, the appli-
cant shall be responsible for calculation the base flood elevation and
the floodway delineation and submitting it to the State Water Survey
for review and approval as best available regulatory data.
c. Adequate floodway provisions must be provided. The width of the
required floodway shall be as determined in a flood Insurance Study
and shall be protected from encroachment. In areas beyond any Flood
Insurance Study, the width of the required floodway shall be as
determined in the field by the Village Engineer and shall be protected
from encroachment.
d. All developments shall be set back from the center line of any stream
or channel at least the distance required to prevent encroachment of
the floodway widths, but in no case less than one hundred (100) feet
from the center line of Buffalo Creek, Aptakisic Creek, Indian Creek
and South Branch of the Indian Creek (Kildeer Creek). Floodway
easements shall be provided which will permit necessary channel
maintenance and improvement work.
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e. The elevation of the crown of any new street or the low point of any
new exterior parking area constructed within or adjacent to the SFHA
shall be not less than one (1) foot above the Base Flood Elevation for
the area. The design of such facilities shall be such that the normal
direction of course of drainage or runoff throughout the area is not
altered.
f. The filling of the SFHA will be permitted provided it is
compensated for or balanced by at least an equal volume of
excavation between normal dry weather flow or pool elevation and
base flood elevation in the immediate vicinity of the area
filled. In the case of streams and channels, such excavation
shall be made opposite or just upstream from the filled -in area.
The placement of fill material shall parallel the stream channel,
shall not encroach on the Floodway, shall not impede the flow of
floodwater, and shall not reduce the water retention capacity of
the floodplain.
g. Dams constructed to form floodwater detention ponds, basins, or
lakes shall be designed so that there will not be backup of
waters into buildings or structures affected upstream of the
dams and shall be provided with outlets to detain or slowly empty
the storage pool following periods of runoff according to the
capacity of the downstream channel to carry the flow safely.
h. Sharply meandering streams or channels may be partially
straightened and minor changes made in other channels, subject to
the approval of the Village Engineer, provided: (a) the hydraulic
capacity of the floodway is maintained, (b) the volume of
floodwater storage outside the floodway is not reduced, (c)
provision is made to stabilize the banks of the modified channel
to control erosion, and (d) any additional permits for this work
that are required by the Illinois Department of Transportation
Division of Water Resources and the Army Corps of Engineers are
obtained.
Section 18.12.080 Variances - Whenever the standards of this ordinance
place undue hardship on a specific development proposal, the applicant may
apply to the corporate authorities for a variance. Upon proper application
and after fifteen (15) days notice of public hearing the Plan Commission
shall review the applicant's request for a variance and shall submit its
recommendation to the Board of Trustees. The Board of Trustees may attach
such conditions to granting of a variance as it deems necessary to further
the intent of this Title.
a. No variance shall be granted unless the applicant demonstrates that:
(i) the development activity cannot be located outside the SFHA;
(ii) an exceptional hardship would result if the variance were not
granted;
the relief requested is the minimum necessary;
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(iv) there will be no additional threat to public health or safety or
creation of a nuisance;
(v) there will be no additional public expense for flood protection,
rescue or relief operations, policing, or repairs to roads,
utilities, or other public facilities;
(vi) the provisions of Section 18.12.03.c of this Title are
met; and
(vii) the provisions of Section 18.12.040.a of this Title are met.
b. The Village Engineer shall notify an applicant in writing that a
variance from the requirements of Section 18.12.050 that would lessen
the degree of protection to a building will:
(i) result in increased premium rates for flood insurance up to
amounts that may be as high as $25 for $100 of insurance
coverage:.
(ii) increase the risks to life and property; and
(iii) 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 18.12.050
of this Title requested in connection with the reconstruction,
repair or alteration of a site or building included on the National
Register of Historic Places or the Illinois Register of Historic
Places may be granted using criteria more permissive than the
requirements of Section 18.12.080.a.(i) -(v).
Section 18.12.090 Disclaimer of Liability - the degree of flood protection
required by this Title 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 SFHA will be free from
flooding or damage. This ordinance 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 Title or any administrative decision made
lawfully thereunder.
Section 18.12.100 Abrogation and Greater Restrictions - this ordinance
repeals and replaced other ordinances adopted by the Board of Trustees to
fulfill the requirements of the National Flood Insurance Program including
ordinances 79- 40,81 -51 aand 85 -33. 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.
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Section 18.12.110 Separability - the provisions and sections of this Title
shall be deemed separable and the invalidity of any portion of this Title
shall not affect the validity of the remainder.
CHAPTER 18.16
VIOLATIONS
SECTIONS:
18.16.010 VIOLATION - PENALTY
Section 18.16.010 Violation - Penalty failure to obtain a permit for
development in the SFHA or failure to comply with the requirements of
• permit or conditions of a variance resolution shall be deemed to be
• violation of this Title. Upon due investigation the Village Attorney
may determine that a violation of the minimum standards of this Title
exist. The Village Engineer shall notify the owner in writing of such
violation.
a. If such owner fails after ten days notice to correct the
violation
(i) the Village may make application to the circuit court for an
injunction requiring conformance with this Title or make such
other order as the court deems necessary to secure compliance
with this Title.
(ii) Any person who violates this Title shall be punished accord-
ing to the provisions of Chapter 1.08 of the Buffalo Grove
Municipal Code.
(iii) A separate offense shall be deemed committed upon each day
during or on which a violation occurs or continues.
b. The Village Engineer 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.
C. Nothing herein shall prevent the Village from taking such other lawful
action to prevent or remedy any violations. All costs connected
therewith shall accrue to the person or persons responsible.
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0
Section 2 Effective Date - This Ordinance shall be in full force and
effect from and after its passage and approval and publication, as required
by law. This Ordinance may be published in pamphlet form.
AYES: 5 - Marienthal, O'Reilly, Glover, Reid, Kowalski
NAYES: 0 - None
ABSENT: 1 - Shields
PASSED: April 6
APPROVED: April 6
PUBLISHED: April 7
ATTEST:
Villa e Jerk
1987
1987
1987
Village President
- 15 -
f , '
ORDINANCE NO. 87 - 31
AN ORDINANCE AMENDING THE FLOODPLAIN ORDINANCE
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS:
Section 1. Title 18 of the Buffalo Grove Municipal Code is amended to read
as follows:
SECTIONS:
18.04.010 PURPOSE
18.04.020 SCOPE
18.04.030 COMPLIANCE WITH OTHER APPLICABLE REGULATIONS
REQUIRED
Section 18.04.010 Purpose - This ordinance is enacted pursuant to the
police powers granted to the Village by Illinois ,,Revised Statutes, Chapter
24,- Sections 1 -2 -1, 11- 12 -12, 11 -30 -2, 11 -30 -8, and 11 -31 -2 in order to
accomplish the following purposes:
a. to prevent unwise development from increasing flood or drainage hazards
to others;
b. to protect new buildings and major improvements to buildings from flood
damage;
c. to protect human life and health from the hazards of flooding;
d. to lessen the burden on the taxpayer for flood control projects,
repairs to flood- damaged public facilities and utilities, and flood
rescue and relief operations;
e. to maintain property values and a stable tax base by minimizing the
potential for creating flood blighted areas; and
TITLE 18
FLOODPLAIN REGULATIONS
CHAPTERS:
18.04
GENERAL PROVISIONS
18.08
DEFINITIONS
18.12
REQUIREMENTS AND RESTRICTIONS
18.16
VIOLATIONS
CHAPTER 18.04
GENERAL PROVISIONS
SECTIONS:
18.04.010 PURPOSE
18.04.020 SCOPE
18.04.030 COMPLIANCE WITH OTHER APPLICABLE REGULATIONS
REQUIRED
Section 18.04.010 Purpose - This ordinance is enacted pursuant to the
police powers granted to the Village by Illinois ,,Revised Statutes, Chapter
24,- Sections 1 -2 -1, 11- 12 -12, 11 -30 -2, 11 -30 -8, and 11 -31 -2 in order to
accomplish the following purposes:
a. to prevent unwise development from increasing flood or drainage hazards
to others;
b. to protect new buildings and major improvements to buildings from flood
damage;
c. to protect human life and health from the hazards of flooding;
d. to lessen the burden on the taxpayer for flood control projects,
repairs to flood- damaged public facilities and utilities, and flood
rescue and relief operations;
e. to maintain property values and a stable tax base by minimizing the
potential for creating flood blighted areas; and
f. to make federally subsidized flood insurance available for property
in the Village by fulfilling the requirements of the National Flood
Insurance Program.
18.04.020 Scope - This Title is intended to supplement the Buffalo Grove
Zoning Ordinance, Development Ordinance, Building Code, and
Stormwater and Detention Ordinance and further regulate and restrict
the subdivision, layout, and improvement of land, including drainage,
underground utilities and service facilities; the excavating, filling
and grading of lots and other parcels and Special Flood Hazard Areas
(SFHA), and storing of certain materials thereon, stream and o.ther
floodwater runoff channels, and detention ponds and basins; and the
location, construction and elevation of buildings and other structures and
parts and appurtenances thereof, and the drainage of parking and other
paved lots and areas. In the event there is any conflict between the
provisions of this Title and any other Village ordinance, the more
restrictive provision or provisions shall be applicable.
18.04.030 Compliance With Other Applicable Regulations Required - Before
starting any of the work or uses regulated by this Title, an
applicant shall comply with requirements set forth in all other
applicable ordinances and regulations with respect to submission and
approval of preliminary and final subdivision plats, improvement plans,
building and zoning permits, inspections, appeals and similar matters,
along with those set forth in this Title as required by Federal or State
statutes and regulations of any departments of the State.
CHAPTER 18.08
DEFINITIONS
SECTIONS:
18.08.010
BASE FLOOD
18.08.020
BUILDING
18.08.030
COMPENSATORY STORAGE
18.08.040
DEVELOPMENT
18.08.050
FLOOD
18.08.060
FLOODWAY
18.08.070
FLOOD PROTECTION ELEVATION
18.08.080
RIVERINE SPECIAL FLOOD HAZARD AREA
18.08.090
SPECIAL FLOOD HAZARD AREA
Section 18.08.010 Base Flood - Base Flood means: the flood having a
one - percent probability of being equalled 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 18.12.020 of this Title.
Section 18.08.020 Building - Building means a structure that is principally
above ground and is enclosed by walls and a roof. The term includes a gas
or liquid storage tank, a manufactured home, or a prefabricated building.
The term also includes recreational vehicles and travel trailers to be
installed on a site for more than 180 days.
- 2 -
Section 18.08.030 Compensatory Storage - Compensatory Storage means an
artificially excavated volume of storage within the area covered by the
base flood designed to balance the loss of natural flood storage capacity
when artificial fill or structures are placed within the floodplain.
Section 18.08.040 Development - Development means any man -made change to
real estate, including:
(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
manufactured home or installing a travel trailer on a site for
more than 180 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.
Development does not include maintenance or 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.
Section 18.08.050 Flood - Flood means a general and temporary condition of
inundation of normally dry land areas from the overflow, the unusual and
rapid accumulation, or the runoff of surface waters from any source.
Section 18.08.060 Floodway - Floodway means that portion of the SFHA
required to store and convey the base flood. The floodway for the SFHAs of
Buffalo Creek, Farrington Ditch, and White Pine Ditch shall be as
delineated on the Flood Boundary and Floodway Map prepared by the Federal
Emergency Management Agency and dated June 11, 1982. The floodway for each
of the remaining SFHAs of the Village shall be according to the best data
available to the Illinois State Water Survey Floodplain Information
Repository.
Section 18.080.070 Flood Protection Elevation - Flood protection elevation,
or FPE, means the elevation of the base flood plus thirty (30 ") inches at
any given location in the SFHA.
Section 18.08.080 Riverine Special Flood Hazard Area - Riverine Special
Flood Hazard Area means any SFHA subject to flooding from a river, creek,
intermittent stream, ditch or any other identified channel. This term does
- 3 -
not include areas subject to flooding from lakes (except public bodies of
water), ponding areas, areas of sheet flow, or other areas not subject to
overbank flooding.
Section 18.08.090 Special Flood Hazard Area - Special Flood Hazard Area, or
SFHA, means those lands within the jurisdiction of the Village that are
subject to inundation by the base flood. The SFHA's of the Village are
generally identified as such on the Flood Insurance Rate Map of the Village
!prepared by the Federal Emergency Management Agency and dated June 11,
1982. The SFHA's of those parts of unincorporated Cook and Lake Counties
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 Maps prepared by the Federal Emergency Management
Agency. For Cook County the FIRM is dated December 4, 1984, and for Lake
County the FIRM is dated November 3, 1982.
CHAPTER 18.12
REQUIREMENTS AND RESTRICTIONS
SECTIONS:
18.12.010
DUTIES OF THE VILLAGE ENGINEER
18.12.015
DUTIES OF THE DIRECTOR OF BUILDING AND ZONING
18.12.020
BASE FLOOD ELEVATION
18.12.030
DEVELOPMENT PERMIT
18.12.040
PREVENTING INCREASED DAMAGES
18.12.050
PROTECTING BUILDINGS
18.12.060
NEW DEVELOPMENT STANDARDS
18.12.070
OTHER DEVELOPMENT REQUIREMENTS
18.12.080
VARIANCES
18.12.090
DISCLAIMER OF LIABILITY
18.12.100
ABROGATION AND CREATION RESTRICTIONS
18.12.110
SEPARABILITY
Section 18.12.010 Duties of the Village Engineer - The Village Engineer
shall be responsible for the general administration and enforcement of this
ordinance, including but not limited to the following duties;
a. Ensure that all development activities, except building construction,'
within the SFHA's of the jurisdiction of the Village meet the
requirements of this Title.
b. Provide information and assistance to citizens upon request about
permit procedures and floodplain construction techniques.
C. Ensure that construction authorization has been granted by the
Illinois Department of Transportation, Division of Water Resources for
all development projects subject to Section 18.12.040 of this
Title, and maintain a record of such authorization.
d. Inspect all development projects to ensure they comply with the
provisions of this Title.
- 4 -
e. Cooperate with state and federal floodplain management agencies to
improve base flood and floodway data and to improve the administration
of this ordinance. Submit reports as required for the National Flood
Insurance Program.
f. Maintain for public inspection and furnish upon request base flood
data, SFHA maps, copies of federal or state permit documents.
Section 18.12.015 Duties of the Director of Building and Zoning -
a. Maintain a record of
(including basement)
this Title.
b. Maintain a record of
flood - proofed elevat
d. of this Title.
the "as built" elevation of the lowest floor
of all buildings subject to Section 18.12.050 of
the engineer's certificate and the "as built"
ion of all building subject to Section 18.12.050
C. Inspect all development projects to ensure they comply with the
provisions of this Title.
d. Maintain for public inspection and furnish upon request "as built"
elevation and floodproofing data for all buildings constructed subject
to this Title.
Section 18.12.020 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
may finance the detailed engineering study needed to replace existing data
with better data and submit it to the State Water Survey and the Federal
Emergency Management Agency.
a. The base flood elevation for the SFHA's of Buffalo Creek, Farrington
Ditch, and White Pine Ditch shall be as delineated on the 100 year
flood profiled in the Flood'Insurance Study of the Village prepared by`
the Federal Emergency Management Agency and dated June 11, 1982, as
may be amended from time to time.
b. The base flood elevation for each SFHA delineated as an "AH Zone"
or "AO Zone" shall be that elevation (or depth) delineated on the
Flood Insurance Rate Map of the Village.
C. The base flood elevation for each of the remaining SFHAs delineated
as an unnumbered "A Zone" on the Flood Insurance Rate Map of the
Village shall be according to the best data available to the Illinois
State Water Survey Floodplain Information Repository. When no base
flood elevation exists, the base flood elevation shall be the 100
year flood depth calculated according to the formulas presented in
Depth & Frequency of Floods in Illinois published by the U.S. Geologi-
cal Survey, 1976.
d. The base flood elevation for the SFHA's of those parts of unincorpor-
ated Cook and Lake Counties that are within the extraterritorial
- 5 -
jurisdiction of the Village or that may be annexed into the Village
shall be as delineated on the 100 year profiles in the Flood'Insurance
Studies of Cook County dated December 4, 1984, and Lake County dated
May 3, 1982, both prepared by the Federal Emergency Management, Agency
as amended from time to time.
Section 18.12.030 Development Permit - No person, firm, corporation, or
governmental body not exempted by state law shall commence any development
in the SFHA without first obtaining a development permit from the.Village
Engineer. The Village Engineer shall not issue a development permit if the
proposed development does not meet the requirements of this Title.
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 18.12.050 of this Title, and all other
village ordinances.
b. Upon receipt of an application for a development permit, the Village
Engineer shall compare the elevation of the site to the base flood
elevation. Any development located on land that can be shown to have
been higher than the base flood elevation as of the date of the site's
first Flood Insurance Rate Map identification is not located in the
SFHA and therefore not subject to the requirements of this Title.
The Village Engineer 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.
C. Village Engineer shall inform the applicant of any and all other
local, state, and federal permits that may be required for this type
of development activity. The Village Engineer shall not issue the
development permit unless all required federal and state permits have
been obtained. The Village Engineer may rely on the certification by
the developer or his engineer that all other required permits have
been obtained.
Section 18.12.040 Preventing Increased Damages - 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 and Floodway Map,
the following standards shall apply:
(i) Except as provided in Section 18.12.040.a.(ii), 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 18:12.040.b.(ii) shall be considered as meeting this
requirement.
- 6 -
(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
developments, will not increase the base flood elevation
more than 1.0 foot for the affected hydraulic reach of the
steam except that at the property line the increase in the
base flood elevation may not exceed 0.10 foot and will not
increase flood damages or potential flood damages;.
(b) a permit has been issued by the Illinois Department of
Transportation, Division of Water Resources as required in
Section 18.12.040.b.(i) 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 Title, 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, Section 52 et.
seq.
(ii) The following.activities may be constructed without the
individual permit required in Section 18.12.040.b.(i) 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 Title.
(a) the construction of underground utility lines not crossing
a lake or steam;
(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;
- 7 -
(e) the placement of properly anchored buildings not exceeding
seventy (70) square feet in size, nor ten (10) feet in
dimension feet in 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,down-
stream side of the existing building, and which do not
extend beyond the sides of the existing building that
area parallel to the flow of flood water.
(iii) The total cumulative effect of the proposed development when
combined with all other existing and anticipated develop-
ments, will not increase the base flood elevation more than
1.0 foot for the affected hydraulic reach of the steam
except that at the property line the increase in the base
flood elevation may not exceed 0.10 foot and will not
increase flood damage or potential flood damage.
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 Section 18.12.050.d.
(ii) All new and replacement water supply systems shall be
designed to minimize or eliminate infiltration of flood
waters into the systems.
(iii) 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 water.
(iv) All new and replacement sanitary manholes must have rim
elevations above the FPE or must be provided with watertight
lock —type covers of a type acceptable to the Metropolitan
Sanitary District of Greater Chicago and to the Village
Engineer.
(v) All connections of ground water drains or surface water
drains to the sanitary sewer are prohibited.
Section 18.12.050 Protecting Buildings — In addition to the damage
prevention requirements of Section 18.12.040, all buildings located in the
SFHA shall be protected from flood damage below the FPE. This building
protection requirement applied to the following situations:
(i) construction or placement of a new building valued at more
than $1,000.00;
(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 more than 50% of the market value of the building
before the damage occurred;
(iv) installing a manufactured home on a new site or a new
manufactured home to an existing site.. This Title 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 Director of Building and Zoning shall maintain a record of
compliance with these building protection standards as required in Section
18.12.015 of this Title.
a. A residential or nonresidential building may be constructed on
permanent land fill 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.
(iv) The fill shall not adversely affect the flow of surface drainage
from or onto neighboring properties.
b. 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 hydrostatic
pressures associated with the base flood.
- 9 -
(ii),The foundation and supporting members shall be anchored and
aligned in relation to flood flows and adjacent structures so as
to minimize exposure to known hydrodynamic forces such as
currents, 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.
C. 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 18.12.050
(a) or (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.
d. 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 or
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 or buoyancy,
and impacts from debris or ice.
(ii) Floodproofing measures shall be operable without human
intervention and without an outside source of electricity.
Section 18.12.060 New Development Standards - all new developments shall
have:
a. the proposed site of the structure filled so that the elevation
of the top of the foundation or lowest point of water entry
for the structure is at the FPE.
b. basements, cellars or crawl spaces made of concrete, structurally
adequate, poured in place with no openings below FPE except for
openings for utilities which shall be sealed, floodproofed and
made watertight in a manner acceptable to the Director of
Building and Zoning.
- 10 -
C. a door sill, window sill, or the base of any other opening in the
outer walls of a structure or any gravity connected sewer opening
constructed at an elevation not lower than the FPE, except at the
point of access for an interior truck dock which must be at least
one and one -half (1 -1/2) feet above the Base Flood Elevation.
d. all structures floodproofed, watertight and designed to prevent sewer
backup and groundwater seepage according to standards approved by the
Director of Building and Zoning.
e. have the elevation of the ground for a minimum distance of twenty -five
(25) feet immediately surrounding any building or structure erected or
moved within or adjacent to a SFHA at an elevation which is not less
than one (1) foot above the Base Flood Elevation and no portion of the
lot or parcel below the Base Flood Elevation.
Section 18.12.070 Other Development Requirements - The Board of Trustees
shall take into account flood 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, travel trailer parks,
annexation agreements, planned unit developments (PUDs) and additions
to manufactured home parks and subdivisions shall meet the requirements
of Sections 18.12.040 and 18.12.050 of this Title. Plats or plans for
new subdivisions, manufactured home parks, and planned unit develop-
ments (PUDs) shall include a signed statement by a Registered
Professional Engineer that the plat or plan accounts for changes in the
drainage of surface waters in accordance with the Plat Act (Illinois
Revised Statutes, Chapter 109, Section 2).
b. Proposals for new subdivisions, manufactured home parks, travel trailer
parks, planned unit developments (PUDs) and additions to manufactured
home parks and subdivisions shall include base flood elevation data and
floodway delineations. Where this information is not available from an
existing study filed with the Illinois State Water Survey, the appli-
,cant shall be responsible for calculation the base flood elevation and
_the floodway delineation and submitting it to the State Water Survey
for review and approval as best available regulatory data.
c. Adequate floodway provisions must be provided. The width of the
required floodway shall be as determined in a flood Insurance Study
and shall be protected from encroachment. In areas beyond any Flood
Insurance Study, the width of the required floodway shall be as
determined in the field by the Village Engineer and shall be protected
from encroachment.
d. All developments shall be set back from the center line of any stream
or channel at least the distance required to prevent encroachment of
the floodway widths, but in no case less than one hundred (100) feet
from the center line of Buffalo Creek, Aptakisic Creek, Indian Creek
and South Branch of the Indian Creek (Kildeer Creek). Floodway
easements shall be provided which will permit necessary channel
maintenance and improvement work.
- 11 -
e. The elevation of the crown of any new street or the low point of any
new exterior parking area constructed within or adjacent to the SFHA
shall be not less than one (1) foot above the Base Flood Elevation for
the area. The design of such facilities shall be such that the normal
direction of course of drainage or runoff throughout the area is not
altered.
f. The filling of the SFHA will be permitted provided it is
compensated for or balanced by at least an equal volume of
excavation between normal dry weather flow or pool elevation and
base flood elevation in the immediate vicinity of the area
filled. In the case of streams and channels, such excavation
shall be made opposite or just upstream from the filled -in area.
The placement of fill material shall parallel the stream channel,
shall not encroach on the Floodway, shall not impede the flow of
floodwater, and shall not reduce the water retention capacity of
the floodplain.
g. Dams constructed to form floodwater detention ponds, basins, or
lakes shall be designed so that there will not be backup of
waters into buildings or structures affected upstream of the
dams and shall be provided with outlets to detain or slowly empty
the storage pool following periods of runoff according to the
capacity of the downstream channel to carry the flow safely.
h. Sharply meandering streams or channels may be partially
straightened and minor changes made in other channels, subject to
the approval of the Village Engineer, provided: (a) the hydraulic
capacity of the floodway is maintained, (b) the volume of
floodwater storage outside the floodway is not reduced, (c)
provision is made to stabilize the banks of the modified channel
to control erosion, and (d) any additional permits for this work
that are required by the Illinois Department of Transportation
Division of Water Resources and the Army Corps of Engineers are
obtained.
Section 18.12.080 Variances - Whenever the standards of this ordinance
place undue hardship on a specific development proposal, the applicant may
apply to the corporate authorities for a variance. Upon proper application
and after fifteen (15)'days notice of public hearing the Plan Commission
shall review the applicant's request for a variance and shall submit its
recommendation to the -Board of Trustees. The Board of Trustees may attach
such conditions to granting of a variance as it deems necessary to further
the intent of this Title.
a. No variance shall be granted unless the applicant demonstrates that:
(i) the development activity cannot be located outside the SFHA;
(ii) an exceptional hardship would result if the variance were not
granted;
(iii) the relief requested is the minimum necessary;
- 12 -
(iv),there will be no additional threat to public health or safety or
creation of a nuisance;
(v) there will be no additional public expense for flood protection,
rescue or relief operations, policing, or repairs to roads,
utilities, or other public facilities;
(vi) the provisions of Section 18.12.03.c of this Title are
met; and
(vii) the provisions of Section 18.12.040.a of this Title are met.
b. The Village Engineer shall notify an applicant in writing that a
variance from the requirements of Section 18.12.050 that would lessen
the degree of protection to a building will:
(i) result in increased premium rates for flood insurance up to
amounts that may be as high as $25 for $100 of insurance
coverage:.
(ii) increase the risks to life and property; and
(iii) 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 18.12.050
of this Title requested in connection with the reconstruction,
repair or alteration of a site or building included on the National
Register of Historic Places or the Illinois Register of Historic
Places may be granted using criteria more permissive than the
requirements of Section 18.12.080.a.(i) -(v).
Section 18.12.090 Disclaimer of Liability - the degree of flood protection
required by this Title 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 SFHA will be free from
flooding or damage. This ordinance 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 Title or any administrative decision made
lawfully thereunder.
Section 18.12.100 Abrogation and Greater Restrictions - this ordinance
repeals and replaced other ordinances adopted by the Board of Trustees to
fulfill the requirements of the National Flood Insurance Program including
ordinances 79- 40,81 -51 aand 85 -33. 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,rcovenants or deed restrictions conflict or overlap,
whichever imposes the more stringent restrictions shall prevail.
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Section 18.12.110 Separability - the provisions and sections of this Title
shall be deemed separable and the invalidity of any portion of this Title
shall not affect the validity of the remainder.
CHAPTER 18.16
VIOLATIONS
SECTIONS:
18.16.010 VIOLATION - PENALTY
Section 18.16.010 Violation - Penalty failure to obtain a permit for
development in the SFHA or failure to comply with the requirements of
• permit or conditions of a variance resolution shall be deemed to be
• violation of this Title. Upon due investigation the Village Attorney
may determine that a violation of the minimum standards of this Title
exist. The Village Engineer shall notify the owner in writing of such
violation.
a. If such owner fails after ten days notice to correct the
violation
(i) the Village may make application to the circuit court for an
injunction requiring conformance with this Title or make such
other order as the court deems necessary to secure compliance
with this Title.
(ii) Any person who violates this Title shall be punished accord-
ing to the provisions of Chapter 1.08 of the Buffalo Grove
Municipal Code.
(iii) A separate offense shall be deemed committed upon each day
during or on which a violation occurs or continues.
b. The Village Engineer 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.
C. Nothing herein shall prevent the Village from taking such other lawful
action to prevent or remedy any violations. All costs connected
therewith shall accrue to the person or persons responsible.
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Section Z.Effective Date - This Ordinance shall be in full force and
effect from and after its passage and approval and publication, as required
by law. This Ordinance may be published in pamphlet form.
AYES: 5 - Marienthal, O'Reilly, Glover, Reid, Kowalski
NAYES: 0 - None
ABSENT: 1 - Shields
PASSED: April 6 1987
APPROVED:
PUBLISHED:
April 6 1987
April 7
1987 ,
Village President-
1
ATTEST:
{may , I , �1.1 cv 'K.,
Villa e Jerk
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