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1987-031..11 0 • 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 0 f. to make federally in the Village by Insurance Program. • 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. - 2 - s • 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 - 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 - o • 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 - 5 - O • 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 - 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: Iff-W e • 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. - 10 - e r 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. - 11 - 17_� e 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; - 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, covenants or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 13 - 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. - 14 - 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. - 13 - r i 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. - 14 - r M i 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 - 15 -