1990-028ORDINANCE NO. 90 -28
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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:
18.02 Purpose
18.04 Definitions
18.06 How to Use this Title
18.08 Duties of the Enforcement Official
18.10 Base Flood Elevation
18.12 Occupation and Use of Flood Fringe Areas
18.14 Occupation and Use of Identified Floodways
18.16 Occupation and Use of Special Flood Hazard Areas
Where Floodways Are Not Identified
18.18 Permitting Requirements Applicable to All Floodplain
Areas and Protection of Building
18.20 Other Development Requirements
18.22 Variances
18.24 Disclaimer of Liability
18.26 Penalty
CHAPTER 18.02
PURPOSE
SECTIONS:
18.02.010 PURPOSE
18.02.020 SCOPE
18.02.030 COMPLIANCE WITH OTHER APPLICABLE REGULATIONS REQUIRED
Section 18.02.010 Purpose - This ordinance is enacted pursuant to the
police powers 1g2a1, 11t 12t 12, Village 8band Illinois
11- 31- 2Revised
orderStatutes, Chapter
accomplish
24, Sect
the following purposes:
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a. To meet the requirements of Chapter 19, paragraph 65(g) of the
Illinois Revised Statutes, "An Act in Relation to the Regulation
of the Rivers, Lakes and Streams of the State of Illinois ",
approved June 10, 1911, as amended.
b. To assure that new development does not increase the flood or drain-
age hazards to others, or creating unstable conditions susceptible to
erosion;
C. To protect new buildings and major improvements to buildings from flood
damage;
d. To protect human life and health from the hazards of flooding;
e. 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; and
f. To make federally subsidized flood insurance available for property
in the Village by fulfilling the requirements of the National Flood
Insurance Program.
g. To comply with the rules and regulations of the National Flood
Insurance Program codified as 44 CFR 59 -79 as amended.
18.02.020 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 deten-
tion 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.
18.02.030 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.
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SECTIONS:
CHAPTER 18.04
DEFINITIONS
18.04.010
ACT
18.04.020
APPLICANT
18.04.030
APPROPRIATE USE
18.04.040
BASE FLOOD
18.04.050
BUILDING
18.04.060
COMPENSATORY STORAGE
18.04.070
CONDITIONAL APPROVAL OF A REGULATORY MAP CHANCE
18.04.080
CONDITIONAL LETTER OF MAP REVISION (CLOMR)
18.04.090
DAM
18.04.100
DEVELOPMENT
18.04.110
DWR
18.04.120
ELEVATION CERTIFICATES
18.04.130
EXEMPT ORGANIZATIONS
18.04.140
FEMA
18.04.150
FLOOD
18.04.160
FLOOD FRINGE
18.04.170
FLOOD INSURANCE RATE MAPS (FIRM)
18.04.180
FLOODPLAIN
18.04.190
FLOODPROOFING
18.04.200
FLOODPROOFING CERTIFICATE
18.04.210
FLOOD PROTECTION ELEVATION (FPE)
18.04.220
FREEBOARD
18.04.230
HYDROLOGIC AND HYDRAULIC (CALCULATIONS)
18.04.240
LETTER OF MAP AMENDMENT (LOMA)
18.04:250
....LETTER OF MAP REVISION (LOMR)
18.04.260
MANUFACTURED HOME
18.04.270
MANUFACTURED HOME PARK OR SUBDIVISION
18.04.280
NGVD
18.04.290
PUBLIC FLOOD CONTROL PROJECT
18.04.300
PUBLICLY NAVIGABLE WATERS
18.04.310
REGISTERED LAND SURVEYOR
18.04.320
REGISTERED PROFESSIONAL ENGINEER
18.04.330
REGULATORY FLOODWAY
18.04.340
REPAIR, REMODELING OR MAINTENANCE
18.04.350
REVERINE SFHA
18.04.360
SPECIAL FLOOD HAZARD AREA (SFHA)
18.04.370
STRUCTURE
18.04.380
SUBSTANTIAL IMPROVEMENT
18.04.390
TRANSITION SECTION
For the purposes of this Title, the following definitions are adopted:
Section 18.04.010 Act - "An Act in relation to the regulation of the
rivers, lakes and streams of the State of Illinois ", Ill. Rev. Stat. 1987,
ch. 19, par. 52 et seq.
Section 18.04.020 Applicant - Any person, firm, corporation or agency
which submits an application.
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Section 18.04.030 Appropriate Use - Only uses of the regulatory floodway
that are permissible and will be considered for permit issuance. The only
uses that will be allowed are as specified in Section 18.14.050.
Section 18.04.040 Base Flood - The flood having a one - percent probability
of being equaled or exceeded in any given year. The base flood is also
known as the 100 -year frequency flood event. Application of the base flood
elevation at any location is as defined in Chapter 18.10 of this Title.
Section 18.04.050 Building - 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, mobile home or a prefabricated building.
This term also includes recreational vehicles and travel trailers to be
installed on a site for more than 180 days.
Section 18.04.060 Compensatory Storage - An artificially excavated
hydraulically equivalent volume of storage within the SFHA used to balance
the loss of natural flood storage capacity when artificial fill or struc-
tures are placed within the floodplain. The uncompensated loss of natural
floodplain storage can increase off -site floodwater elevations and flows.
Section 18.04.070 Conditional Approval of a Regulatory Floodway Map Change -
Preconstruction approval by DWR and the Federal Emergency Management Agency
of a proposed change to the floodway map. This preconstruction approval,
pursuant to this Part, gives assurances to the property owner that once an
Appropriate Use is constructed according to permitted plans, the floodway
map can be changed, as previously agreed, upon review and acceptance of
as -built plans.
Section 18.04.080 Conditional Letter of Map Revision (CLOMR) - A letter
which indicates that the Federal Emergency Management Agency will revise
base flood elevations, flood insurance rate zones, flood boundaries or
floodway as shown on an effective Flood Hazard Boundary Map or Flood
Insurance Rate map, once the as -built plans are submitted and approved.
Section 18.04.090 Dam - All obstructions, wall embankments or barriers,
together with their abutments and appurtenant works, if any, constructed
for the purpose of storing or diverting water or creating a pool.
Underground water storage tanks are not included.
Section 18.04.100 Development - Any man -made change to real estate,
including:
a. Construction, reconstruction, repair, or placement of a building or any
addition to a building.
b. Installing a manufactured home on a site, preparing a site for 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.
c. Drilling, mining, filling, digging, grading, excavating, installing
utilities, construction of roads, bridges or similar projects.
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d. Construction or erection of levees, walls, fences, dams, or culverts;
channel modification; filling, dredging, grading, excavating, paving,
or other non - agricultural alterations of the ground surface; storage of
materials; deposit of solid or liquid waste;
e. Any other activity of man that might change the direction, height, or
velocity of flood or surface water.
Development does not include maintenance of existing buildings and
facilities such as re- roofing or re- surfacing of roads when there is no
increase in elevation, or gardening, plowing and similar agricultural
practices that do not involve filling, grading or construction of levees.
18.04.110 DWR - Illinois Department of Transportation, Division of Water
Resources.
18.04.120 Elevation Certificates - A form published by the Federal
Emergency Management Agency that is used to certify the elevation to which
a building has been elevated.
18.04.130 Exempt Organizations - Organizations which are exempt from this
Title per the Ill. Rev. Stat. including state, federal or local units of
government, such as the Metropolitan Water Reclamation District.
18.04.140 FEMA - Federal Emergency Management Agency and its regulations at
44 CFR 59 -79 effective as of October 1, 1986. This incorporation does not
include any later editions or amendments.
18.04.150 Flood - A general and temporary condition of partial or complete
inundation of normally dry land areas from overflow in inland or tidal
waves, or the unusual and rapid accumulation or runoff of surface waters
from any source.
18.04.160 Flood Fringe - That portion of the floodplain outside of the
regulatory floodway.
18.04.170 Flood Insurance Rate Maps (FIRM) - A map prepared by the Federal
Emergency Management Agency that depicts the special flood hazard area
(SFHA) within a community. This map includes insurance rate zones and
floodplains and may or may not depict floodways.
18.04.180 Floodplain - That land typically adjacent to a body of water with
ground surface elevations at or below the base flood or the 100 -year
frequency flood elevation. Floodplains may also include detached Special
Flood Hazard Areas, ponding areas, etc. The floodplain is also known as
the Special Flood Hazard Area (SFHA). The floodplains are those lands
within the jurisdiction of the Village, that are subject to inundation by
the base flood or 100 -year frequency 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 (or the U.S. Department
of Housing and Urban Development) and dated December 16, 1988. 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
Map.
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18.04.190 Floodproofing - Any combination of structural and non - structural
additions, changes or adjustments to structures which reduce or eliminate
flood damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
18.04.200 Floodproofing Certificate - A form published by the Federal
Emergency Management Agency that is used to certify that a building has
been designed and constructed to be structurally dry floodproofed to the
flood protection elevation.
18.04.210 Flood Protection Elevation (FPE) - The elevation of the base
flood or 100 -year frequency flood plus thirty (30 ") inches of freeboard at
any given location in the SFHA.
18.04.220 Freeboard - An increment of elevation added to the base flood
elevation to provide a factor of safety for uncertainties in calculations,
unknown localized conditions, wave actions and unpredictable effects such
as those caused by ice or debris jams.
18.04.230 Hydrologic and Hydraulic Calculations - Engineering analysis
which determine expected flood flows and flood elevations based on land
characteristics and rainfall events.
18.04.240 Letter of Map Amendment (LOMA) - Official determination by FEMA
that a specific structure is not in a 100 -year flood zone; amends the
effective Flood Hazard Boundary Map or FIRM.
18.04.250 Letter of Map Revision (LOMR) - Letter that revises base flood or
100 -year frequency flood elevations, flood insurance rate zones, flood
boundaries or floodways as shown on an effective Flood Hazard Boundary Map
or FIRM.
18.04.260 Manufactured Home - A structure, transportable in one or more
sections, which is built on a permanent chassis and is designated for use
with or without a permanent foundation when connected to the required
utilities. The term manufactured homes also includes park trailers, travel
trailers and other similar vehicles placed on site for more than 180
consecutive days.
18.04.270 Manufactured Home Park or Subdivision - A parcel of land divided
into two or more manufactured home lots for rent or sale.
18.04.280 NGVD - National Geodetic Vertical Datum of 1929. Reference
surface set by the National Gedodetic Survey deduced from a continental
adjustment of all existing adjustments in 1929.
18.04.290 Public Flood Control Project - A flood control project which will
be operated and maintained by a public agency to reduce flood damages to
existing buildings and structures which includes a hydrologic and hydraulic
study of the existing and proposed conditions of the watershed. Nothing in
this definition shall preclude the design, engineering, construction or
financing, in whole or in part, of a flood control project by persons or
parties who are not public agencies.
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18.04.300 Publicly Navigable Waters - All streams and lakes capable of
being navigated by watercraft.
18.04.310 Registered Land Surveyor - A land surveyor registered in the
State of Illinois, under the Illinois Land Surveyors Act (Ill. Rev. Stat.
1987, ch. 111, pars. 3201 - 3234).
18.04.320 Registered Professional Engineer (P.E.) - An engineer registered
in the State of Illinois, under the Illinois Professional Engineering Act
(Ill. Rev. 1987, ch. 111, pars. 5101 - 5137).
18.04.330 Regulatory Floodway - The channel, including on- stream lakes, and
that portion of the floodplain adjacent to a stream or watercourse as
designated by DWR, which is needed to store and convey the existing and
anticipated future 100 -year frequency flood discharge with no more than a
0.1 foot increase in stage due to the loss of flood conveyance or storage,
and no more than a 10% increase in velocities. The regulatory floodways
are designated for Buffalo Creek, Farrington Ditch, White Pine Ditch,
Aptakisic Creek, Tributary to Aptakisic, McDonald Creek, South Branch
Indian Creek (Kildeer Creek) and Indian Creek on the Flood Insurance Rate
Map prepared by FEMA (or Department of Housing and Urban Development) and
dated December 16, 1988, and for the Des Plaines River on the Regulatory
Flood Plain Map prepared by DWR and dated October 1, 1978. To locate the
regulatory floodway boundary on any site, the regulatory floodway boundary
should be scaled off the regulatory floodway map and located on a site
plan, using reference marks common to both maps. Where interpretation is
needed to determine the exact location of the regulatory floodway boundary,
the DWR should be contacted for the interpretation.
18.04.340 Repair, Remodeling or Maintenance - Development activities which
do not result in any increases in the outside dimensions of a building or
any changes to the dimensions of a structure.
18.04.350 Riverine SFHA - Any SFHA subject to flooding from a river, creek,
intermittent stream, ditch, on stream lake system or any other identified
channel. This term does not include areas subject to flooding from lakes,
ponding areas, areas of sheet flow, or other areas not subject to overbank
flooding.
18.04.360 Special Flood Hazard Area (SFHA) - Any base flood area subject to
flooding from a river, creek, intermittent stream, ditch, or any other
identified channel or ponding and shown on a Flood Hazard Boundary Map or
Flood Insurance Rate Map as Zone A, A0, Al -30, AE, A99, AH, V0, V30, VE, V,
M or E.
18.04.370 Structure - The results of a man -made change to the land
constructed on or below the ground, including the construction,
reconstruction or placement of a building or any addition to a building;
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.
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18.04.380 Substantial Improvement - Any repair, reconstruction or
improvement of a structure, the cost of which equals,or exceeds 50 percent
of the market value of the structure either, (a) before the improvement or
repair is started, or (b) if the structure has been damaged, and is being
restored, before the damage occurred. For the purposes of this definition
rrsubstantial improvement" is considered to occur when the first alteration
of any wall, ceiling, floor or other structural part of the building
commences, whether or not that alteration affects the external dimensions
of the structure. The term does not, however, include either (1) any
project for improvement of a structure to comply with existing state or
local health, sanitary or safety code specifications which are solely
necessary to assure safe living conditions or (2) any alteration of a
structure listed on the National Register of Historic Places or a State
Inventory of Historic Places.
18.04.390 Transition Section - Reaches of the stream or floodway where
water flows from a narrow cross - section to a wide cross - section or vice
versa.
CHAPTER 18.06
HOW TO USE THIS TITLE
SECTIONS:
18.06.010 PROCEDURE
Section 18.06.010 Procedure - The Village Engineer and /or the Director of
Building and Zoning shall be responsible for fulfilling all of the duties
listed in Chapter 18.08.
To fulfill those duties, the Village Engineer first should use the criteria
listed in Chapter 18.10, Base Flood Elevations, to determine whether the
development site is located within a floodplain. Once it has been deter-
mined that a site is located within a floodplain, the Village Engineer must
determine whether the development site is within a flood fringe, a regula-
tory floodway or within a SFHA or floodplain on which no floodway has been
identified. If the site is within a flood fringe, the Village Engineer
shall require that the minimum requirements of Chapter 18.12 be met. If
the site is within a floodway, the Village Engineer shall require that the
minimum requirements of Chapter 18.14 be met. If the site is located
within a SFHA or floodplain for which no detailed study has been completed
and approved, the Village Engineer shall require that the minimum
requirements of Chapter 18.16 be met.
In addition, the general requirements of Chapter 18.18 shall be met for all
developments meeting the requirements of Chapters 18.12, 18.14 or 18.16.
The Village Engineer shall assure that all subdivision proposals shall meet
the requirements of Chapter 18.20.
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If a variance is to be granted for a proposal, the Village Engineer shall
review the requirements of Chapter 18.22 to make sure they are met. In
addition, the Village Engineer shall complete all notification require-
ments.
In order to assure that property owners obtain permits as required in this
Ordinance, the Village Engineer or Director of Building and Zoning may take
any and all actions as outlined in Chapter 18.26.
CHAPTER 18.08
DUTIES OF THE ENFORCEMENT OFFICIALS)
SECTIONS:
18.08.010 DUTIES OF THE VILLAGE ENGINEER
18.08.020 DUTIES OF THE DIRECTOR OF BUILDING AND ZONING
Section 18.08.010 Duties of the Village Engineer -
a. Determining the Floodplain Designation. Check all new development
sites to determine whether they are in a Special Flood Hazard Area
(SFHA). If they are in a SFHA, determine whether they are in a
floodway, flood fringe or in a floodplain on which a detailed study
has not been conducted which drains more than one (1) square mile.
b. Professional Engineer Review. If the development site is within a
floodway or in a floodplain on which a detailed study has not been
conducted which drains more than one (1) square mile then the permit
shall be referred to the Village Engineer for review to ensure that
the development meets the requirements of Chapter 18.14. In the case
of an Appropriate Use, the P. E. shall state in writing that the
development meets the requirements of Chapter 18.14.
c. Dam Safety Requirements. Ensure that an DWR Dam Safety permit has been
issued or a letter indicating no Dam Safety permit is required, if the
proposed development activity includes construction of a dam as defined
in Section 18.04.090. Regulated dams may include weirs, restrictive
culverts or impoundment structures.
d. Other permit requirements. Ensure that any and all required federal,
state and local permits are received prior to the issuance of a
floodplain development permit.
e. Plan Review and Permit Issuance. Ensure that all development activi-
ties within the SFHA's of the jurisdiction of the Village meet the
requirements of this Title and issue a floodplain development permit
in accordance with the provisions of this Title and other regulations
of this community when the development meets the conditions of this
Title.
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f. Inspection Review. Inspect all development projects before, during and
after construction to assure proper elevation of the structure and to
ensure they comply with the provisions of this Title.
g. Records for Public Inspection. Maintain for public inspection and
furnish upon request base flood data, SFHA and regulatory floodway
maps, copies of federal or state permit documents, variance
documentation, Conditional Letter of Map Revision, Letter of Map
Revision, Letter of Map Amendment.
h. State Permits. Ensure that construction authorization has been granted
by the Illinois Division of Water Resources, for all development
projects subject to Chapters 18.14 and 18.16 of this Title, unless
enforcement responsibility has been delegated to the Village. Upon
acceptance of this Title by DWR and FEMA, responsibility is hereby
delegated to the Village as per 92 Ill. Adm. Code 708 for construction
in the regulatory floodway and floodplain when floodways have not been
defined in this Title. However, the following review approvals
are not delegated to the Village and shall require review or permits
from DWR:
(i) Organizations which are exempt from this Ordinance, as per the
Illinois Revised Statutes;
(ii) Department of Transportation projects, dams or impoundment
structures as defined in Section 18.04.090 and all other-state,
federal or local unit of government projects, including projects
of the Village and County, except for those projects meeting the
requirements of Section 18.14.100.
(iii) An engineer's determination that an existing bridge or culvert
crossing is not a source of flood damage and the analysis
indicating the proposed flood profile, per Section 18.14.060(e);
(iv) An engineer's analysis of the flood profile due to Section
18.14.060(d);
(v) Alternative transition sections and hydraulically equivalent
compensatory storage as indicated in Section 18.14.060(a, b and
h) ;
(vi) Permit issuance of structures within or over publicly navigable
rivers, lakes and streams;
(vii) Any changes in the Base Flood Elevation or floodway locations;
and,
(viii) Base Flood Elevation determinations where none now exist.
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i. Cooperation with Other Agencies. Cooperate with state and federal
floodplain management agencies to improve base flood or 100 -year
frequency flood and floodway data and to improve the administration of
this Title. Submit data to DWR and the Federal Emergency Management
Agency for proposed revisions of a regulatory map. Submit reports
as required for the National Flood Insurance Program. Notify the
Federal Emergency Management Agency of any proposed amendments to
this Title.
j. Promulgate Regulations. Promulgate rules and regulations as necessary
to administer and enforce the provisions of this Title subject,
however, to the review and approval of DWR and FEMA for any changes to
this Title.
Section 18.08.020 Duties of the Director of Building and Zoning-
a. Elevation and Floodproofing Certificates. Maintain in the permit files
an Elevation Certificate certifying the elevation of the lowest floor
(including basement) of a residential or non - residential building or
the elevation to which a non - residential building has been flood -
proofed, using a Floodproofing Certificate, for all buildings subject
to Chapter 18.18 of this Title for public inspection and provide copies
of same;
b. Records for Public Inspection. Maintain for public inspection and
furnish upon request "as- built" elevation and floodproofing or eleva-
tion and floodproofing certificates for all buildings constructed
subject to this Title.
c. Promulgate Regulations. Promulgate rules and regulations as necessary
to administer and enforce the provisions of this Title subject, how-
ever, to the review and approval of DWR and FEMA for any changes to
this Title.
CHAPTER 18.10
BASE FLOOD ELEVATION
SECTIONS:
18.10.010 GENERAL
18.10.020 BASE FLOOD
18.10.030 DELINEATION (AH /AO)
18.10.040 DELINEATION (OTHER)
Section 18.10.010 General - This Title`s.protection standard is based on
the Flood Insurance Study for the Village. If a base flood elevation or
100 -year frequency flood elevation is not available for a particular site,
then the protection standard shall be according to the best existing data
available in the Illinois State Water Survey's Floodplain Information
Repository. When a party disagrees with the best available data, he /she
may finance the detailed engineering study needed to replace existing data
with better data and submit it to DWR and FEMA.
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Section 18.10.020 Base Flood - The base flood elevation or 100 -year
frequency flood elevation for the SFHA's of Buffalo Creek, Farrington
Ditch, White Pine Ditch, Aptakisic Creek, Tributary to Aptakisic, McDonald
Creek, South Branch Indian Creek (Kildeer Creek), Indian Creek and Des
Plaines River shall be a delineated on the 100 -year flood profiles in the
Flood Insurance Study of the Village prepared by the Federal Emergency
Management Agency and dated December 16, 1988, amendments to such study and
maps as may be prepared from time to time.
Section 18.10.030 Delineation (AH /AO) -
frequency flood elevation for each SFHA
Zone" shall be that elevation (or depth)
Rate Map of the Village.
Section 18.10.040 Delineation (OTHER)
frequency flood elevation for each of
"A Zone" on the Flood Insurance Rate
to the best existing data available i
Floodplain Information Repository. W.
frequency flood elevation exists, the
flood elevation for a riverine SFHA s'
model, such as HEC -II, WSP -2, or a dye
flows used in the hydraulic models sh;
model, such as HEC -I TR -20, or HIP, o:
publications prepared by the United S-
peak flood discharges. Flood flows sl
land use conditions in the watershed ,
regional land use plans. Alone anv w:
square mile, the above analyses shall
Once approved it must be submitted to
Floodplain Information Repository for
Base Flood Elevation shall be the his
feet, unless calculated by a detailed
Illinois State Water Survey.
SECTIONS:
The base flood or 100 -year
delineated as an "AH Zone" or "AO
delineated on the Flood Insurance
- The base flood or 100 -year
the remaining SFHA's delineated as an
lap of the Village shall be according
� the Illinois State Water Survey
ien no base flood or 100-year,
base flood or 100 -year frequency
call be determined from a backwater
.amic model such as HIP. The flood
.11 be obtained from a hydrologic
by techniques presented in various
ates Geological Survey for estimating
ould be based on anticipated future
s determined from adopted local and
terconrGeG drainino mnrn thn., f11
be submitted to DWR for approval.
the Illinois State Water Survey
filing. For a non - riverine SFHA, the
toric Flood of Record plus three (3')
engineering study and approved by the
CHAPTER 18.12
OCCUPATION AND USE OF FLOOD FRINGE AREAS
18.12.010
GENERAL
18.12.020
DEVELOPMENT PERMIT
18.12.030
APPLICATION
18.12.040
SFHA DEFINITIONS
18.12.050
OTHER AGENCY PERMITS
18.12.060
PREVENTING INCREASED
18.12.070
LOMR
18.12.080
COMPENSATORY STORAGE
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DAMAGES
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Section 18.12.010 General - Development in and /or filling of the flood
fringe will be permitted if protection is provided against the base flood or
100 -year frequency flood by proper elevation, and compensatory storage and
other provisions of this Title are met. No use will be permitted which
adversely affects the capacity of drainage facilities or systems.
Developments located within the flood fringe shall meet the requirements of
this Section, along with the requirements of Chapter 18.18.
Section 18.12.020 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.
Section 18.12.030 Application - Application for a development permit shall
be made on a form provided by the Village Engineer. The application shall
be accompanied by drawings of the site, drawn to scale, showing property
line dimensions and legal description for the property and sealed by a
licensed engineer, architect or land surveyor; existing grade elevations in
M.S.L., 1929 adj. datum or N.G.V.D. and all changes in grade resulting from
excavation or filling; the location and dimensions of all buildings and
additions to buildings. For all proposed buildings, the elevation of the
lowest floor (including basement) and lowest adjacent grade shall be shown
on the submitted plans and the development will be subject to the
requirements of Chapter 18.18 of this Title.
Section 18.12.040 SFHA Determination - Upon receipt of a development permit
application, the Village Engineer shall compare the elevation of the site
to the base flood or 100 -year frequency flood elevation. Any development
located on land that can be shown to have been higher than the base flood
elevation as of the site's first Flood Insurance Rate Map identification is
not 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.
Section 18.12.050 Other Agency Permits - The Village Engineer shall be
responsible for obtaining from the applicant, copies of all other local,
state and federal permits, approvals or permit- not - required letters that
may be required for this type of activity. The Village Engineer shall not
issue a permit unless all other local, state and federal permits have been
obtained.
Section 18.12.060 Preventing Increased Damages - No development in the
flood fringe shall create a threat to public health and safety.
Section 18.12.070 LOMR - If fill is being used to elevate the site above
the base flood or 100 -year frequency flood elevation, the applicant shall
submit sufficient data and obtain a letter of map revision (LOMR) from FEMA
for the purpose of removing the site from the floodplain.
Section 18.12.080 Compensatory Storage - Whenever any portion of a
floodplain is authorized for use, the volume of space which will be
occupied by the authorized fill or structure below the base flood or
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100 -year frequency flood elevation shall be compensated for and balanced by
a hydraulically equivalent volume of excavation taken from below the base
flood or 100 -year frequency flood elevation. The excavation volume shall
be at least equal to the volume of storage lost due to the fill or
structure. In the case of streams and watercourses, such excavation shall
be made opposite or adjacent to the areas so filled or occupied. All
floodplain storage lost below the existing 10 -year flood elevation shall be
replaced below the proposed 10 -year flood elevation. All floodplain
storage lost above the existing 10 -year flood elevation shall be replaced
above the proposed,10 -year flood elevation. All such excavations shall be
constructed to drain freely and openly to the watercourse.
CHAPTER 18.14
OCCUPATION AND USE OF IDENTIFIED FLOODWAYS
SECTIONS:
18.14.010
GENERAL
18.14.020
DEVELOPMENT PERMIT
18.14.030
APPLICATION
18.14.040
OTHER AGENCY PERMITS
18.14.050
PREVENTING INCREASED DAMAGES
AND A LIST OF APPROPRIATE USES
18.14.060
FLOODWAY CHARACTERISTICS
18.14.070
STATE REVIEW
18.14.080
OTHER PERMITS
18.14.090
DAM SAFETY PERMITS
18.14.100
ACTIVITIES THAT DO NOT REQUIRE A PROFESSIONAL
ENGINEER'S REVIEW
Section 18.14.010 General - This Chapter applies to proposed development,
redevelopment, site modification or building modification within a
regulatory floodway. The regulatory floodway for Buffalo Creek, Farrington
Ditch, White Pine Ditch, Aptakisic Creek, Tributary to Aptakisic Creek,
McDonald Creek, South Branch Indian Creek (Kildeer Creek), Indian Creek and
Des Plaines River shall be as delineated on the regulatory floodway maps
designated by DWR according and referenced in Section 18.04.330. Only
those uses and structures will be permitted which meet the criteria in this
Chapter. All floodway modifications shall be the minimum necessary to
accomplish the purpose of the project. The development shall also meet the
requirements of Chapter 18.18.
Section 18.14.020 Development Permit - No person, firm, corporation or
governmental body not exempted by state law shall commence any development
in a floodway without first obtaining a development permit from the Village
Engineer.
Section 18.14.030 Application - Application for a development permit shall
be made on a form provided by the Village Engineer. The application shall
include the following information:
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a. Name and address of applicant;
b. Site location (including legal description) of the property, drawn to
scale, on the regulatory floodway map, indicating whether it is
proposed to be in an incorporated or unincorporated area;
c. Name of stream or body of water affected;
d. Description of proposed activity;
e. Statement of purpose of proposed activity;
f. Anticipated dates of initiation and completion of activity;
g. Name and mailing address of the owner of the subject property if
different from the applicant;
h. Signature of applicant or the applicant's agent;
i. If the applicant is a corporation, the president or other authorized
officer shall sign the application form;
j. If the applicant is a partnership, each partner shall sign the
application form; and
k. If the applicant is a land trust, the trust officer shall sign the name
of the trustee by him (her) as trust officer. A disclosure affidavit
shall be filed with the application, identifying each beneficiary of
the trust by name and address and defining the respective interests
therein.
1. Plans of the proposed activity shall be provided which include as
a minimum:
(i) A vicinity map showing the site of the activity, name of the
waterway, boundary lines, names of roads in the vicinity of the
site, graphic or numerical scale, and north arrow;
(ii) A plan view of the project and engineering study reach showing
existing and proposed conditions including principal dimensions
of the structure or work, elevations in mean sea level (1929
adjustment) datum or N.G.V.D., adjacent property lines and
ownership, drainage and flood control easements, distance between
proposed activity and navigation channel (when the proposed
construction is near a commercially navigable body of water),
regulatory floodway limit, floodplain limit, specifications and
dimensions of any proposed channel modifications, location and
orientation of cross - sections, north arrow and a graphic or
numerical scale;
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(iii) Cross - section views of the project and engineering study reach
showing existing and proposed conditions including principal
dimensions of the work as shown in plan view, existing and
proposed elevations, normal water elevation, 10 -year frequency
flood elevation, and graphic or numerical scales (horizontal and
vertical);
(iv) A copy of the regulatory floodway map, marked to reflect any
proposed change in the regulatory floodway location.
m. Any and all other local, state and federal permits or approval letters
that may be required for this type of development.
n. Engineering calculations and supporting data shall be submitted showing
that the proposed work will meet the permit criteria of Section
18.14.050.
o. If the regulatory floodway delineation, base flood or 100 -year
frequency flood elevation will change due to the proposed project, the
application will not be considered complete until DWR has indicated
conditional approval of the regulatory floodway map change. No
structures may be built until a Letter of Map Revision has been
approved by FEMA.
p. The application for a structure shall be accompanied by drawings of the
site, drawn to scale showing property line dimensions and existing
ground elevations and all changes in grade resulting from any proposed
excavation or filling, and floodplain and floodway limits; sealed by a
registered professional engineer, licensed architect or registered land
surveyor; 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 Chapter 18.18
of this Title.
Section 18.14.040 Other Agency Permits - The Village Engineer shall be
responsible for obtaining from the applicant copies of all other local,
state and federal permits and approvals that may be required for this type
of activity. The Village Engineer shall not issue the development permit
unless all required federal and state permits have been obtained. The
Village Engineer shall review and approve applications reviewed under this
Chapter.
Section 18.14.050 Preventing Increased Damages and a List of Appropriate
Uses - The only development in a floodway which will be allowed are
Appropriate Uses which will not cause a rise in the base flood elevation,
and which will not create a damaging or potentially damaging increase in
flood heights or velocity or be a threat to public health and safety. Only
those Appropriate Uses listed in 92 Ill. Adm. Code 708 will be allowed.
Appropriate uses do not include the construction or placement of any new
structures, fill, building additions, buildings on sites, excavation or
channel modifications done to accommodate otherwise nonappropriate uses in
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the floodway, fencing (including landscaping or planting designed to act as
a fence) and storage of materials except as specifically defined above as
an Appropriate Use. The approved Appropriate Uses are as follows:
a. Flood control structures, dikes, dams and other public works or private
improvements relating to the control of drainage, flooding, erosion or
water quality or habitat for fish and wildlife.
b. Structures or facilities relating to the use of, or requiring access to,
the water or shoreline, such as pumping and treatment facilities, and
facilities and improvements related to recreational boating, commercial
shipping and other functionally water dependent uses;
c. Storm and sanitary sewer outfalls;
d. Underground and overhead utilities;
e. Recreational facilities such as playing fields and trail systems
including any related fencing (at least 50% open when viewed from any
one direction) built parallel to the direction of flood flows and
including open air pavilions;
f. Detached garages, storage sheds or other non - habitable accessory
structures without toilet facilities to existing buildings that will not
block flood flows, nor reduce floodway storage;
g. Bridges, culverts, roadways, sidewalks, railways, runways and taxiways
and any modification thereto;
h. Parking lots and any modifications thereto (where depth of flooding at
the 100 -year frequency flood event will riot exceed 1.0') and aircraft
parking aprons built at or below ground elevations;
i. Regulatory floodway regrading, without fill, to create a positive
non - erosive slope toward a watercourse.
j. Flood proofing activities to protect previously existing lawful
structures including the construction of water tight window wells,
elevating structures or construction of floodwalls around residential,
commercial or industrial principal structures where the outside toe of
the floodwall shall be no more than ten (10) feet away from the
exterior wall of the existing structure and which are not considered
substantial improvements to the structure.
k. In the case of damaged or replacement buildings, reconstruction or
repairs made to a building that are valued at less than 50% of the
market value of the building before it was damaged or replaced and
which do not increase the outside dimensions of the building.
1. Additions to existing buildings above the BFE that do not increase the
building's foot print and are valued at less than 50% of the market
value of the building.
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Section 18.14.060 Floodway Characteristics - Within the regulatory floodway
as identified on the regulatory floodway maps designated by DWR, the
construction of an Approp- riate Use, will be considered permissible
provided that the proposed project meets the following engineering criteria
and is so stated in writing with supporting plans, calculations and data by
a registered professional engineer and provided that any structure meets
the protection
requirements of Chapter 18.18.
a. Preservation of Flood Conveyance, so as Not to Increase Flood Stages
Upstream. For appropriate uses other than bridge or culvert crossings,
on- stream structures or dams, all effective regulatory floodway
conveyance lost due to the project will be replaced for all flood events
up to and including the 100 -year frequency flood. In calculating
effective regulatory floodway conveyance, the following factors shall
be taken into consideration:
(i) Regulatory floodway conveyance,
"K" = 1.486 AR 2/3
n
where "n" is Manning's roughness factor, "A" is the effective area
of the cross - section, and "R" is the ratio of the area to the
wetted perimeter. (See Open Channel Hydraulics, Ven Te Chow,
1959, McGraw -Hill Book Company, New York)
(ii) The same Manning's "n" value shall be used for both existing and
proposed conditions unless a recorded maintenance agreement with a
federal, state, or local unit of government can assure the
proposed conditions will be maintained or the land cover is
changing from a vegetative to a nonvegetative land cover.
(iii) Transition sections shall be provided and used in calculations of
effective regulatory floodway conveyance. The following expansion
and contraction ratios shall be used unless an applicant's
engineer can prove to DWR through engineering calculations or
model tests that more abrupt transitions may be used with the same
efficiency:
(a) When water is flowing from a narrow section to a wider
section, the water should be assumed to expand no faster than
at a rate of one foot horizontal for every four feet of the
flooded stream's length.
(b) When water is flowing from a wide section to a narrow section,
the water should be assumed to contract no faster than at a
rate of one foot horizontal for every one foot of the flooded
stream's length.
(c) When expanding or contracting flows in a vertical direction, a
minimum of one foot vertical transition for every ten feet of
stream length shall be used.
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(d) Transition sections shall be provided between cross - sections
with rapid expansions and contractions and when meeting the
regulatory floodway delineation on adjacent properties.
(e) All cross - sections used in the calculations shall be located
perpendicular to flood flows.
b. Preservation of Floodway Storage so as Not to Increase Downstream
Flooding. Compensatory storage shall be provided for any regulatory
floodway storage lost due to the proposed work from the volume of fill
or structures placed and the impact of any related flood control
projects. Compensatory storage for fill or structures shall be equal
to at least the volume of floodplain storage lost. Artificially
created storage lost due to a reduction in head loss behind a bridge
shall not be required to be replaced. The compensatory regulatory
floodway storage shall be placed between the proposed normal water
elevation and the proposed 100 -year flood elevation. All regulatory
floodway storage lost below the existing 10 -year flood elevation shall
be replaced below the proposed 10 -year flood elevation. All regulatory
floodway storage lost above the existing 10 -year flood elevation shall
be replaced above the proposed 10 -year flood elevation. All such
excavations shall be constructed to drain freely and openly to the
watercourse. If the compensatory storage will not be placed at the
location of the proposed construction, the applicant's engineer shall
demonstrate to DWR through a determination of flood discharges and
water surface elevations that the compensatory storage is hydraulically
equivalent. Finally, there shall be no reduction in floodway surface
area as a result of a floodway modification, unless such modification
is necessary to reduce flooding at existing structure.
c. Preservation of Floodway Velocities so as Not to Increase Stream
Erosion or Flood Heights. For all Appropriate Uses, except bridges or
culverts or on- stream structures, the proposed work will not result in
an increase in the average channel or regulatory floodway velocities.
The total cumulative effect within any proposed development, when
combined with all other existing and anticipated developments, shall
not increase the stage more than 1.0 foot for the affected hydraulic
reach of the stream except that at the property line, the increase in
stage may not exceed 0.10 foot.
However, in the case of bridges or culverts or on- stream structures
built for the purpose of backing up water in the stream during normal
or flood flows, velocities may be increased at the structure site if
scour, erosion and sedimentation will be avoided by the use of rip -rap
or other design measures.
d. Construction of New Bridges or Culvert Crossings and Roadway
Approaches. The proposed structure shall not result in an increase of
upstream flood stages greater than 0.1 foot when compared to the
existing conditions for all flood events up to and including the
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100 -year frequency event; or the upstream flood stage increases will be
contained within the channel banks (or within existing vertical
extensions of the channel banks) such as within the design protection
grade of existing levees or flood walls or within recorded flood
easements. If the proposed construction will increase upstream flood
stages greater than 0.1 foot, the developer must contact DWR, Dam
Safety Section for a Dam Safety permit or waiver.
(i) The engineering analysis of upstream flood stages must be
calculated using the flood study flows, and corresponding flood
elevations for tailwater conditions for the flood study specified
in Chapter 18.10 of this Title. Culverts must be analyzed using
the U.S. DOT, FHWA Hydraulic Chart for the Selection of Highway
culverts. Bridges must be analyzed using the U.S. DOT /Federal
Highway Administration Hydraulics of Bridge Waterways calculation
procedures.
(ii) Lost floodway storage must be compensated for per 18.14.060(b).
(iii) Velocity increases must be mitigated per Section 18.14.060(c)..
(iv) If the crossing is proposed over a public water that is used for
recreational or commercial navigation, a Department of
Transportation permit must be received.
(v) The hydraulic analysis for the backwater caused by the bridge
showing the existing condition and proposed regulatory profile must
be submitted to DWR for concurrence that a CLOMR is not required by
Section 18.14.050.
(vi) All excavations for the construction of the crossing shall be
designed per Section 18.14.060(h).
e. Reconstruction or Modification of Existing Bridges, Culverts and
Approach Roads.
(i) The bridge or culvert and roadway approach reconstruction or
modification shall be constructed with no more than 0.1 foot
increase in backwater over the existing flood profile for all
flood frequencies up to and including the 100 -year event, if
the existing structure is not a source of flood damage.
(ii) If the existing bridge or culvert and roadway approach is a source
of flood damage to buildings or structures in the upstream flood
plain, the applicant's engineer shall evaluate the feasibility of
redesigning the structure to reduce the existing backwater, taking
into consideration the effects on flood stages on upstream and
downstream properties.
(iii) The determination as to whether or not the existing crossing is a
source of flood damage and should be redesigned must be prepared
in accordance with the Department of Transportation Rules 92 Ill.
Adm. Code 708 ( Floodway Construction in Northeastern Illinois) and
submitted to the Division for review and concurrence before a
permit is issued.
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f. On- Stream Structures Built for the Purpose of Backing Up Water. Any
increase in upstream flood stages greater than 0.0 foot when compared
to the existing conditions, for all flood events up to and including
the 100 -year frequency event shall be contained within the channel
banks (or within existing vertical extensions of the channel banks)
such as within the design protection grade of existing levees or flood
walls or within recorded flood easements. A permit or letter
indicating a permit is not required must be obtained from DWR" Dam
Safety Section for a Dam Safety permit or waiver for any structure
built for the purpose of backing up water in the stream during normal
or flood flow. All dams and impoundment structures as defined in
Section 18.04.090 shall meet the permitting requirements of 92 Ill.
Adm. Code 702 (Construction and Maintenance of Dams).
g. Flood Proofing of Existing Habitable, Residential and Commercial
Structures. If construction is required beyond the outside dimensions
of the existing building, the outside perimeter of floodproofing
construction shall be placed no further than 10 feet from the outside
of the building. Compensation of lost storage and conveyance will not
be required for floodproofing activities.
h. Excavation in the Floodway. When excavation is proposed in the design
of bridges and culvert openings, including the modifications to and
replacement of existing bridge and culvert structures, or to compensate
for lost conveyance for other Appropriate Uses, transition sections
shall be provided for the excavation. The following expansion and
contraction ratios shall be used unless an applicant's engineer can
prove to DWR through engineering calculations or model tests that more
abrupt transitions may be used with the same efficiency:
(i) When water is flowing from a narrow section to a wider section,
the water should be assumed to expand no faster than at a rate of
one foot horizontal for every four feet of the flooded stream's
length;
(ii) When water is flowing from a wide section to a narrow section,
the water should be assumed to contract no faster than at a rate
of one foot horizontal for every one foot of the flooded stream's
length; and
(iii) When expanding or contracting flows in a vertical direction, a
minimum of one foot vertical transition for every ten feet of
stream length shall be used.
(iv) Erosion /scour protection shall be provided inland upstream and
downstream of the transition sections.
i. Seeding and Stabilization Plan. For all activities located in a
floodway, a seeding and stabilization plan shall be submitted by the
applicant.
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j. Public Flood Control Projects. For public flood control projects, the
permitting requirements of this Chapter will be considered met if the
applicant can demonstrate to DWR through hydraulic and hydrologic
calculations that the proposed project will not singularly or
cumulatively result in increased flood heights outside the project
right -of -way or easements for all flood events up to and including the
100 -year frequency event.
k. General Criteria for Analysis of Flood Elevations.
(i) The flood profiles, flows and floodway data in the regulatory
floodway study, referenced in Chapter 18.10, must be used for
analysis of the base conditions. If the study data appears to be
in error or conditions have changed, DWR shall be contacted for
approval and concurrence on the appropriate base conditions data
to use.
(ii) If the 100 -year regulatory floodway elevation at, the site of the
proposed construction is affected by backwater from a downstream
receiving stream with a larger drainage area, the proposed
construction shall be shown to meet the requirements of this
Chapter for the regulatory floodway conditions and conditions
with the receiving stream at normal water elevations.
(iii) If the applicant learns from DWR, local governments or a private
owner that a downstream restrictive bridge or culvert is
scheduled to be removed, reconstructed or modified or a regional
flood control project is scheduled to be built, removed,
constructed or modified with the next five years, the proposed
construction shall be analyzed and shown to meet the requirements
of the Chapter for both the existing conditions and the expected
flood profile conditions when the bridge, culvert or flood
control project is built.
1. Conditional Letter of Map Revision. If the Appropriate Use would
result in a change in the regulatory floodway location or the 100 -year
frequency flood elevation, the applicant shall submit to DWR and to
FEMA all the information, calculations and documents necessary to be
issued a conditional regulatory floodway map revision and receive from
DWR a conditional approval of the regulatory floodway change before a
permit is issued. However, the final regulatory floodway map will not
be changed by DWR until as -built plans or record drawings are submit-
ted and accepted by FEMA and DWR. In the case of non - government
projects, the municipality in incorporated areas shall concur with the
proposed conditional regulatory floodway map revision before DWR
approval can be given. No filling, grading, dredging or excavating
shall take place until a conditional approval is issued. No further
development activities shall take place until final Letter of Map
Revision (LOMR) is issued by FEMA and DWR.
m. Professional Engineer's Supervision. All engineering analyses shall be
performed by or under the supervision of a registered professional
engineer.
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n. After receipt of conditional approval of the regulatory floodway change
and issuance of a permit and a Conditional Letter of Map Revision,
construction as necessary to change the regulatory floodway designated
may proceed but no buildings or structures or other construction that
is not an Appropriate Use may be placed in that area until the
regulatory floodway map is changed and a final Letter of Map Revision
is received. The regulatory floodway map will be revised upon
acceptance and concurrence by DWR and FEMA of the "as- built" plans.
Section 18.14.070 State Review - For those projects listed below located in
a regulatory floodway, the following criteria shall be submitted to DWR for
their review and concurrence prior to the issuance of a permit.
a. DWR will review an engineer's analysis of the flood profile due to a
proposed bridge pursuant to Section 18.14.060(d).
b. DWR will review an engineer's determination that an existing bridge or
culvert crossing is not a source of flood damage and the analysis
indicating the proposed flood profile, pursuant to Section
18.14.060(e).
c. DWR will review alternative transition sections and hydraulically
equivalent storage pursuant to Section 18.14.060(a, b and h).
d. DWR will review and approve prior to the start of construction any
Department projects, dams (as defined in Section 18.04.090) and all
other state, federal or local units of government projects, including
projects of the municipality or county.
Section 18.14.080 Other Permits - In addition to the other requirements of
this Title, a development permit for a site located in a floodway shall
not be issued unless the applicant first obtains a permit or written
documentation that a permit is not required from DWR, issued pursuant to
Illinois Revised Statutes, Chapter 19, Section 52 et seq. No permit from
DWR shall be required if the Division has delegated this responsibility to
the Village.
Section 18.14.090 Dam Safety Permits - Any work involving the construction,
modification or removal of a dam as defined in Section 18.04.090 per 92
Ill. Adm. Code 702 (Rules for Construction of Dams) shall obtain an
Illinois Division of Water Resources Dam Safety permit prior to the start
of construction of a dam. If the Village Engineer finds a dam that does
not have a DWR permit, the Village Engineer shall immediately notify the
Dam Safety Section of the Division of Water Resources. If the Village
Engineer finds a dam which is believed to be in unsafe condition, the
Village Engineer shall immediately notify the owner of the dam, DWR, Dam
Safety Section in Springfield and the Illinois Emergency Services and
Disaster Agency (ESDA).
Section 18.14.100 Activities That Do Not Require a Registered Professional
Engineer's Review - The following activities may be permitted without a
registered professional engineer's review. Such activities shall still
meet the other requirements of this Title, including the mitigation
requirements.
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a. Underground and overhead utilities that:
(i) Do not result in any increase in existing ground elevations.
(ii) Do not require the placement of above ground structures in the
floodway, or
(iii) In the case of underground stream crossings, the top of the pipe or
encasement is buried a minimum of 3' below the existing stream
bed, and
(iv) In the case of overhead utilities, no supporting towers are placed
in the watercourse and are designed in such a fashion as not to
catch debris.
b. Storm and sanitary sewer outfalls that:
(i) Do not extend riverward or lakeward of the existing adjacent
natural bank slope, and
(ii) Do not result in an increase in ground elevation, and
(iii) Are designed so as not to cause stream erosion at the outfall
location.
c. Construction of sidewalks, athletic fields (excluding fences), properly
anchored playground equipment and patios at grade.
d. Construction of shoreline and streambank protection that:
(i) Does not exceed 1000 feet in length.
(ii) Materials are not placed higher than the existing top of bank.
(iii) Materials are placed so as not to reduce the cross - sectional area
of the stream channel or bank of the lake.
(iv) Vegetative stabilization and gradual side slopes are the preferred
mitigation methods for existing erosion problems. Where high
channel velocities, sharp bends or wave action necessitate the use
of alternative stabilization measures, natural rock or rip -rap are
preferred materials. Artificial materials such as concrete,
construction rubble and gabions should be avoided unless there are
no practicable alternatives.
e. Temporary stream crossings in which:
(i) The approach roads will be 0.5' (1/2 foot) or less above natural
grade.
(ii) The crossing will allow stream flow to pass without backing up the
water above the stream bank vegetation line or above any drainage
tile or outfall invert.
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(iii) The top of the roadway fill in „the channel will be at least 2'
below the top of the lowest bank., Any fill in the channel shall
be non - erosive material, such as rip -rap or gravel.
(iv) All disturbed stream banks will be seeded or otherwise stabilized
as soon as possible upon installation and again upon removal of
construction.
(v) The access road and temporary crossings will be removed within one
year after authorization.
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CHAPTER 18.16
OCCUPATION AND USE OF SPECIAL FLOOD HAZARDS WHERE
FLOODWAYS ARE NOT IDENTIFIED
SECTIONS:
18.16.010
18.16.020
18.16.030
18.16.040
18.16.050
18.16.060
18.16.070
GENERAL
DEVELOPMENT PERMIT
BASE FLOOD ELEVATION
OTHER AGENCY PERMITS
PREVENTING INCREASED DAMAGES
DETENTION OF FLOODWAY
COMPENSATORY STORAGE
Section 18.16.010 General - In SFHA or floodplains, where no floodways
have been identified a no base flood or 100 -year frequency flood elevations
have been established by FEMA, and draining more than a square mile, no
development shall be permitted unless the cumulative effect of the
proposals, when combined with all other existing and anticipated uses and
structures, shall not significantly impede or increase the flow and passage
of the floodwaters nor significantly increase the base flood or 100 -year
frequency flood elevation.
Section 18.16.020 Development Permit - No person, firm, corporation, or
governmental body, not exempted by state law, shall commence any
development in a SFHA or floodplain without first obtaining a development
permit from the Village Engineer. Application for a development permit
shall be made on a form provided by the Village Engineer. The application
shall be accompanied by drawings of the site, drawn to scale showing
property line dimensions; and existing grade elevations and all changes in
grade resulting from excavation or filling, sealed by a licensed engineer,
architect or surveyor; 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 Chapter
18.18 of this Title.
The application for a development permit shall also include the following
information:
a. A detailed description of the proposed activity, its purpose and
intended use:
b. Site location (including legal description) of the property, drawn to
scale, on the regulatory floodway maps, indicating whether it is
proposed to be in an incorporated or unincorporated area;
c. Anticipated dates of initiation and completion of activity;
d. Plans of the proposed activity shall be provided which include as a
minimum:
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(i) A vicinity map showing the site of the activity, name of the
waterway, boundary lines, names of roads in the vicinity of the
site, graphic or numerical scale, and north arrow;
(ii) A plan view of the project and engineering study reach showing
existing and proposed conditions including principal dimensions of
the structure or work, elevations in mean sea level (1929
adjustment) datum or N.G.V.D., adjacent property lines and
ownership, drainage and flood control easements, distance between
proposed activity and navigation channel (when the proposed
construction is near a commercially navigable body of water),
floodplain limit, location and orientation of cross - sections,
north arrow and a graphical or numerical scale;
(iii) Cross - section views of the project and engineering study reach
showing existing and proposed conditions including principal
dimensions of the work as shown in plan view, existing and
proposed elevations, normal water elevation, 10 -year frequency
flood elevation, 100 -year frequency flood elevation and graphical
or numerical scales (horizontal and vertical); and
e. Engineering calculations and supporting data shall be submitted showing
that the proposed work will meet the criteria of Section 18.16.050.
f. Any and all other local, state and federal permits or approvals that
may be required for this type of development.
Section 18.16.030 Base Flood Elevation - Based on the best available
existing data according to the Illinois State Water Survey's Floodplain
Information Repository, the Village Engineer shall compare the elevation
of the site to the base flood or 100 -year frequency flood elevation.
Should no elevation information exist for the site, the developer's
engineer shall calculate the elevation according to Section 18.10.040. Any
development located on land that can be shown to have been higher than the
base flood elevation as of the site's first Flood Insurance Rate Map
Identification is not 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.
Section 18.16.040 Other Agency Permits The Village Engineer shall be
responsible for obtaining from the applicant copies of all other local,
state and federal permits approvals or permit- not - required letters that
may be required for this type of activity. The Village Engineer shall
not issue the development permit unless all required local, state and
federal permits have been obtained.
Section 18.16.050 Preventing Increased Damages - No development in the
SFHA, where a floodway has not been determined shall create a damaging
or potentially damaging increase in flood heights or velocity or threat
to public health, safety and welfare.
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Section 18.16.060 Determination of Floodway - Within all riverine SFHA's
where the floodway has not been determined, the following standards shall
apply:
a. The developer shall have a Registered Professional Engineer state
in writing and show through supporting plans, calculations and data
that the project meets the engineering requirements of Section
18.14.060(a) through (1) for the entire floodplain as calculated
under the provisions of Section 18.10.040 of this Title. As an
alternative, the developer should have an engineering study
performed to determine a floodway and submit that engineering study
to DWR for acceptance as a regulatory floodway. Upon acceptance of
their floodway by the Department, the developer shall then demon-
strate that the project meets the requirements of Chapter 18.14
for the regulatory floodway. The floodway shall be defined
according to the definition in Section 18.04.330 of this Ordinance.
b. A development permit shall not be issued unless the applicant first
obtains a permit from DWR or written documentation that a permit is
not required from DWR.
c. No permit from DWR shall be required if the Division has delegated
permit responsibility to the Village per 92 Ill. Adm. Code, Part
708 for regulatory floodways, per DWR Statewide Permit entitled
"Construction in Floodplains with No Designated Floodways in North-
eastern Illinois."
d. Dam Safety Permits. Any work involving the construction, modification
or removal of a dam or an on- stream structure to impound water as
defined in Section 18.04.090 shall obtain an Illinois Division of Water
Resources Dam Safety permit or letter indicating a permit is not
required prior to the start of construction of a dam. If the Village
Engineer finds a dam that does not have an DWR permit, the Village
Engineer shall immediately notify the Dam Safety Section of the
Division of Water Resources. If the Village Engineer finds a dam which
is believed to be in unsafe condition, the Village Engineer shall
immediately notify the owner of the dam, the Illinois Emergency
Services and Disaster Agency (ESDA) and the DWR, Dam Safety Section in
Springfield.
e. The following activities may be permitted without a Registered
Professional Engineer's review or calculation of a base flood elevation
and regulatory floodway. Such activities shall still meet the other
requirements of this Title:
(i) Underground and overhead utilities that:
(a) Do not result in any increase in existing ground elevations,
(b) Do not require the placement of above ground structures in
the floodway, or
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(c) In the case of underground stream crossings, the top of,the
pipe or encasement is buried a minimum of 3' below the
existing streambed, and
(d) In the case of overhead utilities, no supporting towers are
placed in the watercourse and are designed in such a fashion
as not to catch debris.
(ii) Storm and sanitary sewer outfalls that:
(a) Do not extend riverward or lakeward of the existing adjacent
natural bank slope, and
(b) Do not result in an increase in ground elevation, and
(c) Are designed so as not to cause stream bank erosion at the
outfall location.
(iii) Construction of shoreline and streambed protection that:
(a) Does not exceed 1000 feet in length or 2 cubic yards per
lineal foot of streambed.
(b) Materials are not placed higher than the existing top of
bank.
(c) Materials are placed so as not to reduce -the cross - sectional
area of the stream channel by more than 10 %.
(d) Vegetative stabilization and gradual side slopes are the
preferred mitigation methods for existing erosion problems.
Where high channel velocities, sharp bends or wave action
necessitate the use of alternative stabilization measures,
natural rock or rip -rap are preferred materials. Artificial
materials such as concrete, construction rubble, and gabions
should be avoided unless there are not practicable
alternatives.
(iv) Temporary stream crossings in which:
(a) The approach roads will be 0.5' (1/2 foot) or less above
natural grade.
(b) The crossing will allow stream flow to pass without
backing up the water above the stream bank vegetation
line or above any drainage tile or outfall invert.
(c) The top of the roadway fill in the channel will be at
least 2' below the top of the lowest bank. Any fill in
the channel shall be non - erosive material, such as
rip -rap or gravel.
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•
(d) All disturbed stream banks will be seeded or otherwise
stabilized as soon as possible upon installation and
again upon removal of construction.
(e) The access road and temporary crossings will be removed
within one year after authorization.
(v) The construction of light poles, sign posts and similar
structures;
(vi) The construction of sidewalks, driveways, athletic fields
(excluding fences), patios and similar surfaces which are
built at grade;
(vii) The construction of properly anchored, unwalled, open
structures such as playground equipment, pavilions and
carports built at or below existing grade that would not
obstruct the flow of flood waters;
(viii) The placement of properly anchored buildings not exceeding
seventy (70 square feet in size, not ten (10) feet in any
one dimension (e.g., animal shelters and tool sheds);
(ix) The construction of additions to existing buildings which do
not increase the first floor area by more than twenty (20)
percent, which are located on the upstream or downstream
side of the existing building and which do not extend beyond
the sides of the existing building that`are parallel to the
flow of flood waters;
(x) Minor maintenance dredging of a stream channel where:
(a) The affected length of stream is less than 1000 feet.
(b) The work is confined to reestablishing flows in natural
stream channels, or
(c) The cross - sectional area of the dredged channel conforms
to that of the natural channel upstream and downstream
of the site.
f. The flood carrying capacity within any altered or relocated watercourse
shall be maintained.
Section 18.16.070 Compensatory Storage - Whenever any portion of a
floodplain is authorized for use, the volume of space which will be
occupied by the authorized fill or structure below the base flood or
100 -year frequency flood elevation shall be compensated for and balanced by
a hydraulically equivalent volume of excavation taken from below the base
flood or 100 -year frequency flood elevation. The excavation volume shall
be at least equal to the volume of storage lost due to the fill or
structure. In the case of streams and watercourses, such excavation shall
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be made opposite or adjacent to the areas so filled or occupied. All
floodplain storage lost below the existing 10 -year flood elevation shall be
replaced below the proposed 10 -year flood elevation. All floodplain
storage lost above the existing 10 -year flood elevation shall be replaced
above the proposed 10 -year flood elevation. All such excavations shall be
constructed to drain freely and openly to the watercourse.
CHAPTER 18.18
PERMITTING REQUIREMENTS APPLICABLE TO ALL FLOODPLAIN AREAS
SECTIONS:
18.18.010 GENERAL
18.18.020 CARRY CAPACITY AND NOTIFICATION
18.18.030 PROTECTING BUILDINGS
18.18.040 METHODS OF BUILDING PROTECTION
Section 18.18.010 General - In addition to the requirements found in
Chapter 18.12, 18.14 and 18.16 for development in flood fringes, regulatory
floodways, and SFHA or floodplains where no floodways have been identified
(Zones A, A0, AH, AE, Al -A30, A99, V0, V1 -30, VE, V. M or E), the following
requirements shall be met.
a. Public Health Standards
b. No developments in the SFHA shall include locating or storing
chemicals, explosives, buoyant materials, animal wastes, fertilizers,
flammable liquids, pollutants or other hazardous or toxic materials
below the FPE.
c. New and replacement water supply systems, wells, sanitary sewer lines
and on -site waste disposal systems may be permitted providing all
manholes or other above ground openings located below the FPE are
watertight.
Section 18.18.020 Carrying Capacity and Notification - For all projects
involving channel modification, fill or stream maintenance (including
levees), the flood carrying capacity of the watercourse shall be
maintained. In addition, the Village shall notify adjacent communities in
writing 30 days prior to the issuance of a permit for the alteration or
relocation of the watercourse.
Section 18.18.030 Protecting Buildings - All buildings located within a
100 -year floodplain also known as a SFHA, shall be protected from flood
damage below the flood protection elevation. However, existing buildings
located within a regulatory floodway shall also meet the more restrictive
Appropriate Use standards included in Chapter 18.14. This building
protection criteria applies to the following situations:
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a. Construction or placement of a new building.
b. A structural alteration to an existing building that either increases
the first floor area by more than 20% or the building's market value by
more than 50 %,
c. Installing a manufactured home on a new site or a new manufactured home
on an existing site. This building protection requirements does not
apply to returning a mobile home to the same site it lawfully occupied
before it was removed to avoid flood damage; and
d. Installing a travel trailer on a site for more than 180 days.
Section 18.18.040 Methods of Building Protection - The building protection
requirement may be met by one of the following methods.
a. A residential or non - residential building, when allowed, may be
constructed on permanent land fill in accordance with the following:
(i) The lowest floor (except a basement), 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 that 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, and except a basement which
shall be one (1') foot above the Base Flood Elevation.
(ii) The fill shall be placed in layers no greater than one (1) foot
deep before compaction and shall extend at least twenty -five (25')
feet beyond the foundation of the building before sloping below an
elevation which is not less than one (1') foot above the Base Flood
Elevation. The top of the fill shall be above the flood protection
elevation. The fill shall be protected against erosion and scour.
The fill shall not adversely effect the flow or surface drainage
from or onto neighboring properties.
b. A residential or non - residential building may be elevated in accordance
with the following:
(i) The building or improvements shall be elevated on crawl space,
stilts, piles, walls or other foundation that is permanently open
to flood waters and not subject to damage by hydrostatic pressures
of the base flood or 100 -year frequency flood. The permanent
openings shall be no more than one foot above grade, and consist
of a minimum of two openings. The openings must have a total net
area of not less than one square inch for every one square foot of
enclosed area subject to flooding below the Base Flood Elevation.
(ii) The foundation and supporting members shall be anchored and
aligned in relation to flood flows and adjoining structures so as
to minimize exposure to known hydrodynamic forces such as current,
waves, ice and floating debris.
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(iii) All areas below the flood protection elevation 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 flood protection eleva-
tion. Water and sewer pipes, electrical and telephone lines,
submersible pumps and other waterproofed service facilities may be
located below the flood protection elevation.
(iv) No area below the flood protection elevation shall be used for
storage of items or materials.
(v) Manufactured homes and travel trailers to be installed on a site
for more than 180 days, shall be elevated to or above the flood
protection elevation; and, shall be anchored to resist floatation,
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 77 Ill. Adm. Code 870.
c. Only a non - residential building may be structurally dry floodproofed'
(in.lieu of elevation) provided that a registered professional engineer
shall certify that the building has been structurally dry floodproofed
below the flood protection elevation, the structure and attendant
utility facilities are watertight and capable of resisting the effects
of the base flood or 100 -year frequency flood. The building design
shall take into account flood velocities, duration, rate of rise,
hydrostatic and hydrodynamic forces, the effects of bouyancy and
impacts from debris or ice. Floodproofing measures shall be operable
without human intervention and without an outside source of electricity
(levees, berms, floodwalls and similar works are not considered flood -
proofing for the purpose of this subsection).
d. Non - conforming structures located in a regulatory floodway may remain
in use, but may not be enlarged, replaced or structurally altered. A
non - conforming structure damaged by flood, fire, wind or other natural
or man -made disaster may be restored.unless the damage exceeds fifty
percent (50 %) of its market value before it was damaged, in which case
it shall conform to this Title.
e. Tool sheds and detached garages on an existing single - family platted
lot, may be constructed with the lowest floor below the flood
protection elevation in accordance with the following:
(i) The building is not used for human habitation.
(ii) All areas below the base flood or 100 -year frequency flood
elevation shall be constructed with waterproof material.
Structures located in a regulatory floodway shall be constructed
and placed on a building site so as not to block the flow of flood
waters and shall also meet the Appropriate Use criteria of Section
18.14.050(f). In addition, all other requirements of Chapter
18.12, 18.14 and 18.16 must be met.
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(iii) The structure shall be anchored to prevent flotation.
(iv) Service facilities such as electrical and heating equipment shall
be elevated or floodproofed to the flood protection elevation.
(v) The building shall be valued at less than $6,000.00 and be less
than 600 square feet in floor size.
(vi) The building shall be used only for the storage of vehicles or
tools and may not contain other rooms, workshops, greenhouses or
similar uses.
CHAPTER 18.20
OTHER DEVELOPMENT REQUIREMENTS
SECTIONS:
18.20.010 GENERAL
18.20.020 NEW DEVELOPMENT STANDARDS
Section 18.20.010 General - The Corporate Authorities 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, annexation agreements and
Planned Unit Developments (PUD's) within the SFHA shall be reviewed to
assure that the proposed developments are consistent with Chapters
18.12, 18.14, 18.16 and 18.18 of the Buffalo Grove Municipal Code and
the need to minimize flood damage. Plats or plans for new subdivi-
sions, mobile home parks and Planned Unit Developments (PUD's) shall
include a signed statement by a Registered Professional Engineer that
the plat or plans account for changes in the drainage of surface waters
in accordance with the Plat Act (Ill. Rev. Stat. Ch. 109, Sec. 2).
b. Proposals for new subdivisions, manufactured home parks, travel trailer
parks, planned unit developments (PUD's) and addition's to manufactured
home parks and additions to subdivisions shall include base flood or
100 -year frequency flood elevation data and floodway delineations.
Where this information is not available from an existing study filed
with the Illinois State Water Survey, the applicant's engineer shall be
responsible for calculating the base flood or 100 -year frequency flood
elevation per Chapter 18.10.040 floodway delination per the definition
in Section 18.04.330 and submitting it to the State Water Survey and
DWR for review and approval as best available regulatory data.
c. Streets, blocks, lots, parks and other public grounds shall be located
and laid out in such a manner as to preserve and utilize natural
streams and channels. Wherever possible, the flood plains shall be
included within parks or other public grounds.
d. The Corporate Authorities shall not approve any Planned Unit
Development (PUD) or plat of subdivision located outside the Corporate
limits unless such agreement or plats are in accordance with the
provision of this Title.
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e. All development 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.
f. 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) 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.
Section 18.20.020 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.
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 Food 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. 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.
CHAPTER 18.22
VARIANCES
SECTIONS:
18.22.010 GENERAL
18.22.020 REQUIREMENTS
18.22.030 NOTICE
18.22.040 HISTORIC SITES
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Section 18.22.010 General - No variances shall be granted to any develop-
ment located in a regulatory floodway as defined in Section 18.04.100.
However, when a development proposal is located outside of a regulatory
floodway, and whenever the standards of this Title 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 or Corporate Authorities
shall review the applicant's request for a variance and shall submit its
recommendation to the Corporate Authorities. The Corporate Authorities may
attach such conditions to granting of a variance as it deems necessary to
further the intent of this Title.
Section 18.22.020 Requirements - No variance shall be granted unless the
applicant demonstrates that:
a. The development activity cannot be located outside the SFHA;
b. An exceptional hardship would result if the variance were not granted;
c. The relief requested is the minimum necessary;
d. There will be no additional threat to public health, safety or creation
of a nuisance;
e. There will be no additional public expense for flood protection,
rescue or operations, policing, or repairs to stream beds and banks,
roads, utilities or other public facilities;
f. The provisions of Sections 18.12.030, 18.12.070, 18.12.080, 18.16.050,
18.16.060 and 18.16.070 of this Title shall still be met;
g. The activity is not in a regulatory floodway.
Section 18.22.030 Notice - The Village Engineer shall notify an applicant
in writing that a variance from the requirements of Chapter 18.18 that would
lessen the degree of protection to a building will:
a. Result increased premium rates for flood insurance up to amounts as
high as $25 for $100 of insurance coverage;
b. Increase the risks to life and property; and
c. Require that the applicant proceed with knowledge of these risks and
that he will acknowledge in writing that he assumes the risk and liability.
Section 18.22.040 Historic Sites - Variances requested in connection with
restoration of a site or building listed on the National Register of
Historical Places or documented as worthy of preservation by the Illinois
Historic Preservation Agency may be granted using criteria more permissive
than the requirements of Sections 18.22.010, 18.22.020 and 18.22.030.
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CHAPTER 18.24
PENALTY
SECTIONS:
18.24.010 DISCLAIMER OF LIABILITY
18.24.020 PENALTY
18.24.030 ABROGATION AND GREATER RESTRICTIONS
18.24.040 SEPARABILITY
Section 18.24.010 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
increased by man -made or natural causes. This Title does not imply that
development, either inside or outside of the SFHA, will be free from flood-
ing or damage. This 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 18.24.020 Penalty - Failure to obtain a permit for development in
the SFHA or failure to comply with the requirements of a permit or
conditions of a variance resolution shall be deemed to be a violation of
this Title. Upon due investigation, the Village attorney or engineer 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 according 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.
(iv) The Village may record a notice of violation on the title to the
property.
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 18.24.030 Abrogation and Greater Restrictions - This Ordinance
repeals and replaces other ordinances adopted by the Corporate Authorities
to fulfill the requirements of the National Flood Insurance program includ-
ing Ordinances 79 -40, 81 -51, 85 -33, 87 -31 and 89 -15. 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 ordinances, easements, covenants or deed
restrictions conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
Section 18.14.040 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.
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: 4 - Marienthal, Reid, Mathias, O'Malle
NAYES: 0 - None
ABSENT: 1 - Shifrin
PASSED: May 7 , 1990
APPROVED: May 7 , 1990
PUBLISHED: May 7 , 1990
ATTEST:
Villa lerk
ORD89:FLOODPLAIN ORD
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Vi 1 ge Presidefft
VILLAGE OF BUFFALO GROVE
ORDINANCE N0. 0
ADOPTED BY THE PRESIDENT
AND BOARD OF TRUSTEES OF THE VILLAGE
OF BUFFALO GROVE
THIS DAY OF _Z22 f:: 19.
Published in pamphlet form by authority of the
President and Board of Trustees of the Village
of Buffalo Grove, Cook & Lake Counties, Illlij4o1
this _ day of
H. "hA"N-
'llage Clerk
By,- l/l)
Deputy Village lerk
r
ORDINANCE NO. 90- 28
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:
18.02 Purpose
18.04 Definitions
18.06 How to Use this Title
18.08 Duties of the Enforcement Official
18.10 Base Flood Elevation
18.12 Occupation and Use of Flood Fringe Areas
18.14 Occupation and Use of Identified Floodways
18.16 Occupation and Use of Special Flood Hazard Areas
Where Floodways Are Not Identified
18.18 Permitting Requirements Applicable to All Floodplain
Areas and Protection of Building
18.20 Other Development Requirements
18.22 Variances
18.24 Disclaimer of Liability
18.26 Penalty
CHAPTER 18.02
PURPOSE
SECTIONS:
18.02.010 PURPOSE
18.02.020 SCOPE
18.02.030 COMPLIANCE WITH OTHER APPLICABLE REGULATIONS REQUIRED
Section 18.02.010 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 -8 and 11 -31 -2 in order to accomplish
the following purposes:
a. To meet the requirements of Chapter 19, paragraph 65(g) of the
Illinois Revised Statutes, "An Act in Relation to the Regulation
of the Rivers, Lakes and Streams of the State of Illinois ",
approved June 10, 1911, as amended.
b. To assure that new development does not increase the flood or drain-
age hazards to others, or creating unstable conditions susceptible to
erosion;
C. To protect new buildings and major improvements to buildings from flood
damage;
d. To protect human life and health from the hazards of flooding;
e. 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; and
f. To make federally subsidized flood insurance available for property
in.the Village by fulfilling the requirements of the National Flood
Insurance Program.
g. To comply with the rules and regulations of the National Flood
Insurance Program codified as 44 CFR 59 -79 as amended.
18.02.020 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 deten-
tion 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.
18.02.030 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.
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Y
CHAPTER 18.04
DEFINITIONS
SECTIONS:
18.04.010
ACT
18.04.020
APPLICANT
18.04.030
APPROPRIATE USE
18.04.040
BASE FLOOD
18.04.050
BUILDING
18.04.060
COMPENSATORY STORAGE
18.04.070
CONDITIONAL APPROVAL OF A REGULATORY MAP CHANCE
18.04.080
CONDITIONAL LETTER OF MAP REVISION (CLOMR)
18.04.090
DAM
18.04.100
DEVELOPMENT
18.04.110
DWR
18.04.120
ELEVATION CERTIFICATES
18.04.130
EXEMPT ORGANIZATIONS
18.04.140
FEMA
18.04.150
FLOOD
18.04.160
FLOOD FRINGE
18.04.170
FLOOD INSURANCE RATE MAPS (FIRM)
18.04.180
FLOODPLAIN
18.04.190
FLOODPROOFING
18.04.200
FLOODPROOFING CERTIFICATE
18.04.210
FLOOD PROTECTION ELEVATION (FPE)
18.04.220
FREEBOARD
18.04.230
HYDROLOGIC AND HYDRAULIC (CALCULATIONS)
18.04.240
LETTER OF MAP AMENDMENT (LOMA)
18.04.250
LETTER OF MAP REVISION (LOMR)
18.04.260
MANUFACTURED HOME
18.04.270
MANUFACTURED HOME PARK OR SUBDIVISION
18.04.280
NGVD
18.04.290
PUBLIC FLOOD CONTROL PROJECT
18.04.300
PUBLICLY NAVIGABLE WATERS
18.04.310
REGISTERED LAND SURVEYOR
18.04.320
REGISTERED PROFESSIONAL ENGINEER
18.04.330
REGULATORY FLOODWAY
18.04.340
REPAIR, REMODELING OR MAINTENANCE
18.04.350
REVERINE SFHA
18.04.360
SPECIAL FLOOD HAZARD AREA (SFHA)
18.04.370
STRUCTURE
18.04.380
SUBSTANTIAL IMPROVEMENT
18.04.390
TRANSITION SECTION
For the purposes of this Title, the following definitions are adopted:
Section 18.04.010 Act - "An Act in relation to the regulation of the
rivers, lakes and streams of the State of.Illinois ", Ill. Rev. Stat. 1987,
ch. 19, par. 52 et seq.
Section 18.04.020 Applicant - Any person, firm, corporation or agency
which submits an application.
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Section 18.04.030 Appropriate Use - Only uses of the regulatory flood 'vay
that are permissible and will be considered for permit issuance. The only
uses that will be allowed are as specified in Section 18.14.050.
Section 18.04.040 Base Flood - The flood having a one - percent probability
of being equaled or exceeded in any given year. The base flood is also
known as the 100 -year frequency flood event. Application of the base flood
elevation at any location is as defined in Chapter 18.10 of this Title.
Section 18.04.050 Building - 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, mobile home or a prefabricated building.
This term also includes recreational vehicles and travel trailers to be
installed on a site for more than 180 days.
Section 18.04.060 Compensatory Storage - An artificially excavated
hydraulically equivalent volume of storage within the SFHA used to balance
the loss of natural flood storage capacity when artificial fill or struc-
tures are placed within the floodplain. The uncompensated loss of natural
floodplain storage can increase off -site floodwater elevations and flows.
Section 18.04.070 Conditional Approval of a Regulatory Floodway Map Change -
Preconstruction approval by DWR and the Federal Emergency Management Agency
of a proposed change to the floodway map. This preconstruction approval,
pursuant to this Part, gives assurances to the property owner that once an
Appropriate Use is constructed according to permitted plans, the floodway
map can be changed, as previously agreed, upon review and acceptance of
as -built plans.
Section 18.04.080 Conditional Letter of Map Revision (CLOMR) - A letter
which indicates that the Federal Emergency Management Agency will revise
base flood elevations, flood insurance rate zones, flood boundaries or
floodway as shown on an effective Flood Hazard Boundary Map or Flood
Insurance Rate map, once the as -built plans are submitted and approved.
Section 18.04.090 Dam - All obstructions, wall embankments or barriers,
together with their abutments and appurtenant works, if any, constructed
for the purpose of storing or diverting water or creating a pool.
Underground water storage tanks are not included.
Section 18.04.100 Development - Any man -made change to real estate,
including:
a. Construction, reconstruction, repair, or placement of a building or any
addition to a building.
b. Installing a manufactured home on a site, preparing a site for 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.
c. Drilling, mining, filling, digging, grading, excavating, installing
utilities, construction of roads, bridges or similar projects.
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d. Construction or erection of levees, walls, fences, dams, or culverts;
channel modification; filling, dredging, grading, excavating, paving,
or other non - agricultural alterations of the ground surface; storage of
materials; deposit of solid or liquid waste;
e. Any other activity of man that might change the direction, height, or
velocity of flood or surface water.
Development does not include maintenance of existing buildings and
facilities such as re- roofing or re- surfacing of roads when there is no
increase in elevation, or gardening, plowing and similar agricultural
practices that do not involve filling, grading or construction of levees.
18.04.110 DWR - Illinois Department of Transportation, Division of Water
Resources.
18.04.120 Elevation Certificates - A form published by the Federal
Emergency Management Agency that is used to certify the elevation to which
a building has been elevated.
18.04.130 Exempt Organizations - Organizations which are exempt from this
Title per the Ill. Rev. Stat. including state, federal or local units of
government, such as the Metropolitan Water Reclamation District.
18.04.140 FEMA - Federal Emergency Management Agency and its regulations at
44 CFR 59 -79 effective as of October 1, 1986. This incorporation does not
include any later editions or amendments.
18.04.150 Flood - A general and temporary condition of partial or complete
inundation of normally dry land areas from overflow in inland or tidal
waves, or the unusual and rapid accumulation or runoff of surface waters
from any source.
18.04.160 Flood Fringe - That portion of the floodplain outside of the
regulatory floodway.
18.04.170 Flood Insurance Rate Maps (FIRM) - A map prepared by the Federal
Emergency Management Agency that depicts the special flood hazard area
(SFHA) within a community. This map includes insurance rate zones and
floodplains and may or may not depict floodways.
18.04.180 Floodplain - That land typically adjacent to a body of water with
ground surface elevations at or below the base flood or the 100 -year
frequency flood elevation. Floodplains may also include detached Special
Flood Hazard Areas, ponding areas, etc. The floodplain is also known as
the Special Flood Hazard Area (SFHA). The floodplains are those lands
within the jurisdiction of the Village, that are subject to inundation by
the base flood or 100 -year frequency 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 (or the U.S. Department
of Housing and Urban Development) and dated December 16, 1988. 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
Map.
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18.04.190 Floodproofing - Any combination of structural and non - structural
additions, changes or adjustments to structures which reduce or eliminate
flood damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
18.04.200 Floodproofing Certificate - A form published by the Federal
Emergency Management Agency that is used to certify that a building has
been designed and constructed to be structurally dry floodproofed to the
flood protection elevation.
18.04.210 Flood Protection Elevation (FPE) - "The elevation of the base
flood or 100 -year frequency flood plus thirty (30 ") inches of freeboard at
any given location in the SFHA.
18.04.220 Freeboard - An increment of elevation added to the base flood
elevation to provide a factor of safety for uncertainties in calculations,
unknown localized conditions, wave actions and unpredictable effects such
as those caused by ice or debris jams.
18.04.230 Hydrologic and Hydraulic Calculations - Engineering analysis
which determine expected flood flows and flood elevations based on land
characteristics and rainfall events.
18.04.240 Letter of Map Amendment (LOMA) - Official determination by FEMA
that a specific structure is not in a 100 -year flood zone; amends the
effective Flood Hazard Boundary Map or FIRM.
18.04.250 Letter of Map Revision (LOMR) - Letter that revises base flood or
100 -year frequency flood elevations, flood insurance rate zones, flood
boundaries or floodways as shown on an effective Flood Hazard Boundary Map
or FIRM.
18.04.260 Manufactured Home - A structure, transportable in one or more
sections, which is built on a permanent chassis and is designated for use
with or without a permanent foundation when connected to the required
utilities. The term manufactured homes also includes park trailers, travel
trailers and other similar vehicles placed on site for more than 180
consecutive days.
18.04.270 Manufactured Home Park or Subdivision - A parcel of land divided
into two or more manufactured home lots for rent or sale.
18.04.280 NGVD - National Geodetic Vertical Datum of 1929. Reference
surface set by the National Gedodetic Survey deduced from a continental
adjustment of all existing adjustments in 1929.
18.04.290 Public Flood Control Project - A flood control project which will
be operated and maintained by a public agency to reduce flood damages to
existing buildings and structures which includes a hydrologic and hydraulic
study of the existing and proposed conditions of the watershed. Nothing.in
this definition shall preclude the design, engineering, construction or
financing, in whole or in part, of a flood control project by persons or
parties who are not public agencies.
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18.04.300 Publicly Navigable Waters - All streams and lakes capable of
being navigated by watercraft.
18.04.310 Registered Land Surveyor - A land surveyor registered in the
State of Illinois, under the Illinois Land Surveyors Act (Ill. Rev. Stat.
1987, ch. 111, pars. 3201 - 3234).
18.04.320 Registered Professional Engineer (P.E.) - An engineer registered
in the State of Illinois, under the Illinois Professional Engineering Act
(Ill. Rev. 1987, ch. 111, pars. 5101 - 5137).
18.04.330 Regulatory Floodway - The channel, including on- stream lakes, and
that portion of the floodplain adjacent to a stream or watercourse as
designated by DWR, which is needed to store and convey the existing and
anticipated future 100 -year frequency flood discharge with no more than a
0.1 foot increase in stage due to the loss of flood conveyance or storage,
and no more than a 10% increase in velocities. The regulatory floodways
are designated for Buffalo Creek, Farrington Ditch, White Pine Ditch,
Aptakisic Creek, Tributary to Aptakisic, McDonald Creek, South Branch
Indian Creek (Kildeer Creek) and Indian Creek on the Flood Insurance Rate
Map prepared by FEMA (or Department of Housing and Urban Development) and
dated December 16, 1988, and for the Des Plaines River on the Regulatory
Flood Plain Map prepared by DWR and dated October 1, 1978. To locate the
regulatory floodway boundary on any site, the regulatory floodway boundary
should be scaled off the regulatory floodway map and located on a site
plan, using reference marks common to both maps. Where interpretation is
needed to determine the exact location of the regulatory floodway boundary,
the DWR should be contacted for the interpretation.
18.04.340 Repair, Remodeling or Maintenance - Development activities which
do not result in any increases in the outside dimensions of a building or
any changes to the dimensions of a structure.
18.04.350 Riverine SFHA
- Any SFHA subject to flooding from a river, creek,
intermittent stream, ditch, on stream lake system or any other identified
channel. This term does not include areas subject to flooding from lakes,
ponding areas, areas of sheet flow, or other areas not subject to overbank
flooding.
18.04.360 Special Flood Hazard Area (SFHA) - Any.base flood area subject tc
flooding from a river, creek, intermittent stream, ditch, or any other
identified channel or ponding and shown on a Flood Hazard Boundary Map or
Flood Insurance Rate Map as Zone A, A0, Al -30, AE, A99, AH, V0, V30, VE, V,
M or E.
18.04.370 Structure- The results of a man -made change to the land
constructed on or below the ground, including the construction,
reconstruction or placement of a building or any addition to a building;
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.
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18.04.380 Substantial Improvement - Any repair, reconstruction or
improvement of a structure, the cost of which equals,or exceeds 50 percent
of the market value of the structure either, (a) before the improvement or
repair is started, or (b) if the structure has been damaged, and is being
restored, before the damage occurred. For the purposes of this definition
"substantial improvement" is considered to occur when the first alteration
of any wall, ceiling, floor or other structural part of the building
commences, whether or not that alteration affects the external dimensions
of the structure. The term does not, however, include either (1) any
project for improvement of a structure to comply with existing state or
local health, sanitary or safety code specifications which are solely
necessary to assure safe living conditions or (2) any alteration of a
structure listed on the National Register of Historic Places or a State
Inventory of Historic Places.
18.04.390 Transition Section - Reaches of the stream or floodway where
water flows from a narrow cross - section to a wide cross - section or vice
versa.
CHAPTER 18.06
HOW TO USE THIS TITLE
SECTIONS:
18.06.010 PROCEDURE
Section 18.06.010 Procedure - The Village Engineer and /or the Director of
Building and Zoning shall be responsible for fulfilling all of the duties
listed in Chapter 18.08.
To fulfill those duties, the Village Engineer first should use the criteria
listed in Chapter 18.10, Base Flood Elevations, to determine whether the
development site is located within a floodplain. Once it has been deter-
mined that a site is located within a floodplain, the Village Engineer must
determine whether the development site is within a flood fringe, a regula-
tory floodway or within a SFHA or floodplain on which no floodway has been
identified. If the site is within a flood fringe, the Village Engineer
shall require that the minimum requirements of Chapter 18.12 be met. If
the site is within a floodway, the Village Engineer shall require that the
minimum requirements of Chapter 18.14 be met. If the site is located
within a SFHA or floodplain for which no detailed study has been completed
and approved, the Village Engineer shall require that the minimum
requirements of Chapter 18.16 be met.
In addition, the general requirements of Chapter 18.18 shall be met for all
developments meeting the requirements of Chapters 18.12, 18.14 or 18.16.
The Village Engineer shall assure that all subdivision proposals shall meet
the requirements of Chapter 18.20.
If a variance is to be granted for a proposal, the Village Engineer shall
review the requirements of Chapter 18.22 to make sure they are met. In
addition, the Village Engineer shall complete all notification require-
ments.
In order to assure that property owners obtain permits as required in this
Ordinance, the Village Engineer or Director of Building and Zoning may take
any and all actions as outlined in Chapter 18.26.
CHAPTER 18.08
DUTIES OF THE ENFORCEMENT OFFICIALS)
SECTIONS:
18.08.010 DUTIES OF THE VILLAGE ENGINEER
18.08.020 DUTIES OF THE DIRECTOR OF BUILDING AND ZONING
Section 18.08.010 Duties of the Village Engineer -
a. Determining the Floodplain Designation. Check all new development
sites to determine whether they are in a Special Flood Hazard Area
(SFHA). If they are in a SFHA, determine whether they are in a
floodway, flood fringe or in a floodplain on which a detailed study
has not been conducted which drains more than one (1) square mile.
b. Professional Engineer Review. If the development site is within a
floodway or in a floodplain on which a detailed study has not been
conducted which drains more than one (1) square mile then the permit
shall be referred to the Village Engineer for review to ensure that
the development meets the requirements of Chapter 18.14. In the case
of an Appropriate Use, the P. E. shall state in writing that the
development meets the requirements of Chapter 18.14.
c. Dam Safety Requirements. Ensure that an DWR Dam Safety permit has been
issued or a letter indicating no Dam Safety permit is required, if the
proposed development activity includes construction of a dam as defined
in Section 18.04.090. Regulated dams may include weirs, restrictive
culverts or impoundment structures.
d. Other permit requirements. Ensure that any and all required federal,
state and local permits are received prior to the issuance of a
floodplain development permit.
e. Plan Review and Permit
ties within the SFHA's
requirements of this T
in accordance with the
of this community when
Title.
Issuance. Ensure that all development activi-
of the jurisdiction of the Village meet the
Ltle and issue a floodplain development permit
provisions of this Title and other regulations
the development meets the conditions of this
MOE
f. Inspection Review. Inspect all development projects before, during and
after construction to assure proper elevation of the structure and to
ensure they comply with the provisions of this Title.
g. Records for Public Inspection. Maintain for public inspection and
furnish upon request base flood data, SFHA and regulatory floodway
maps, copies of federal or state permit documents, variance
documentation, Conditional Letter of Map Revision, Letter of Map
Revision, Letter of Map Amendment.
h. State Permits. Ensure that construction authorization has been granted
by the Illinois Division of Water Resources, for all development
projects subject to Chapters 18.14 and 18.16 of this Title, unless
enforcement responsibility has been delegated to the Village. Upon
acceptance of this Title by DWR and FEMA, responsibility is hereby
delegated to the Village as per 92 Ill. Adm. Code 708 for construction
in the regulatory floodway and floodplain when floodways have not been
defined in this Title. However, the following review approvals
are not delegated to the Village and shall require review or permits
from DWR:
(i) Organizations which are exempt from this Ordinance, as per the
Illinois Revised Statutes;
(ii) Department of Transportation projects, dams or impoundment
structures as defined in Section 18.04.090 and all other state,
federal or local unit of government projects, including projects
of the Village and County, except for those projects meeting the
requirements of Section 18.14.100.
(iii) An engineer's determination that an existing bridge or culvert
crossing is not a source of flood damage and the analysis
indicating the proposed flood profile, per Section 18.14.060(e);
(iv) An engineer's analysis of the flood profile due to Section
18.14.060(d);
(v) Alternative transition sections and hydraulically equivalent
compensatory storage as indicated in Section 18.14.060(a, b and
h);
(vi) Permit issuance of structures within or over publicly navigable
rivers, lakes and streams;
(vii) Any changes in the Base Flood Elevation or floodway locations;
and,
(viii) Base Flood Elevation determinations where none now exist.
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i. Cooperation with Other Agencies. Cooperate with state and federal
floodplain management agencies to improve base flood or 100 -year
frequency flood and floodway data and to improve the administration of
this Title. Submit data to DWR and the Federal Emergency Management
Agency for proposed revisions of a regulatory map. Submit reports
as required for the National Flood Insurance Program. Notify the
Federal Emergency Management Agency of any proposed amendments to
this Title.
j. Promulgate Regulations. Promulgate rules and regulations as necessary
to administer and enforce the provisions of this Title subject,
however, to the review and approval of DWR and FEMA for any changes to
this Title.
Section 18.08.020 Duties of the Director of Building and Zoning -
a. Elevation and Floodproofing Certificates. Maintain in the permit files
an Elevation Certificate certifying the elevation of the lowest floor
(including basement) of a residential or non - residential building or
the elevation to which a non - residential building has been flood -
proofed, using a Floodproofing Certificate, for all buildings subject
to Chapter 18.18 of this Title for public inspection and provide copies
of same;
b. Records for Public Inspection. Maintain for public inspection and
furnish upon request "as- built" elevation and floodproofing or eleva-
tion and floodproofing certificates for all buildings constructed
subject to this Title.
C. Promulgate Regulations. Promulgate rules and regulations as necessary
to administer and enforce the provisions of this Title subject, how-
ever, to the review and approval of DWR and FEMA for any changes to
this Title.
CHAPTER 18.10
BASE FLOOD ELEVATION
SECTIONS:
18.10.010 GENERAL
18.10.020 BASE FLOOD
18.10.030 DELINEATION (AH /AO)
18.10.040 DELINEATION (OTHER)
Section 18.10.010 General - This Title's protection standard is based on
the Flood Insurance Study for the Village. If a base flood elevation or
100 -year frequency flood elevation is not available for a particular site,
then the protection standard shall be according to the best existing data
available in the Illinois State Water Survey's Floodplain Information
Repository. When a party disagrees with the best available data, he /she
may finance the detailed engineering study needed to replace existing data
with better data and submit it to DWR and FEMA.
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Section 18.10.020 Base Flood - The base flood elevation or 100 -year
frequency flood elevation for the SFHA's of Buffalo Creek, Farrington
Ditch, White Pine Ditch, Aptakisic Creek, Tributary to Aptakisic, McDonald
Creek, South Branch Indian Creek (Kildeer Creek), Indian Creek and Des
Plaines River shall be a delineated on the 100 -year flood profiles in the
Flood Insurance Study of the Village prepared by the Federal Emergency
Management Agency and dated December 16, 1988, amendments to such study and
maps as may be prepared from time to time.
Section 18.10.030 Delineation (AH /AO) - The base flood or 100 -year
frequency 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.
Section 18.10.040 Delineation (OTHER) - The base flood or 100 -year
frequency flood elevation for each of the remaining SFHA's delineated as an
"A Zone" on the Flood Insurance Rate Map of the Village shall be according
to the best existing data available in the Illinois State Water Survey
Floodplain Information Repository. When no base flood or 100 -year
frequency flood elevation exists, the base flood or 100 -year frequency
flood elevation for a riverine SFHA shall be determined from a backwater
model, such as HEC -II, WSP -2, or a dynamic model such as HIP. The flood
flows used in the hydraulic models shall be obtained from a hydrologic
model, such as HEC -I TR -20, or HIP, or by techniques presented in various
publications prepared by the United States Geological Survey for estimating
peak flood discharges. Flood flows should be based on anticipated future
land use conditions in the watershed as determined from adopted local and
regional land use plans. Along any watercourses draining more than (1)
square mile, the above analyses shall be submitted to DWR for approval.
Once approved it must be submitted to the Illinois State Water Survey
Floodplain Information Repository for filing. For a non - riverine SFHA, the
Base Flood Elevation shall be the historic Flood of Record plus three (3')
feet, unless calculated by a detailed engineering study and approved by the
Illinois State Water Survey.
SECTIONS:
18.12.010
18.12.020
18.12.030
18.12.040
18.12.050
18.12.060
18.12.070
18.12.080
CHAPTER 18.12
OCCUPATION AND USE OF FLOOD FRINGE AREAS
GENERAL
DEVELOPMENT PERMIT
APPLICATION
SFHA DEFINITIONS
OTHER AGENCY PERMITS
PREVENTING INCREASED DAMAGES
LOMR
COMPENSATORY STORAGE
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Section 18.12.010 General - Development in and /or filling of the flood
fringe will be permitted if protection is provided against the base flood or
100 -year frequency flood by proper elevation, and compensatory storage and
other provisions of this Title are met. No use will be permitted which
adversely affects the capacity of drainage facilities or systems.
Developments located within the flood fringe shall meet the requirements of
this Section, along with the requirements of Chapter 18.18.
Section 18.12.020 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.
Section 18.12.030 Application - Application for a development permit shall
be made on a form provided by the Village Engineer. The application shall
be accompanied by drawings of the site, drawn to scale, showing property
line dimensions and legal description for the property and sealed by a
licensed engineer, architect or land surveyor; existing grade elevations in
M.S.L., 1929 adj. datum or N.G.V.D. and all changes in grade resulting from
excavation or filling; the location and dimensions of all buildings and
additions to buildings. For all proposed buildings, the elevation of the
lowest floor (including basement) and lowest adjacent grade shall be shown
on the submitted plans and the development will be subject to the
requirements of Chapter 18.18 of this Title.
Section 18.12.040 SFHA Determination - Upon receipt of a development permit
application, the Village Engineer shall compare the elevation of the site
to the base flood or 100 -year frequency flood elevation. Any development
located on land that can be shown to have been higher than the base flood
elevation as of the site's first Flood Insurance Rate Map identification is
not 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.
Section 18.12.050 Other Agency Permits - The Village Engineer shall be
responsible for obtaining from the applicant, copies of all other local,
state and federal permits, approvals or permit- not - required letters that
may be required for this type of activity. The Village Engineer shall not
issue a permit unless all other local, state and federal permits have been
obtained.
Section 18.12.060 Preventing Increased Damages - No development in the
flood fringe shall create a threat to public health and safety.
Section 18.12.070 LOMR - If fill is being used to elevate the site above
the base flood or 100 -year frequency flood elevation, the applicant shall
submit sufficient data and obtain a letter of map revision (LOMR).from FEMA
for the purpose of removing the site from the floodplain.
Section 18.12.080 Compensatory Storage - Whenever any portion of a
floodplain is authorized for use, the volume of space which will be
occupied by the authorized fill or structure below the base flood or
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100 -year frequency flood elevation shall be compensated for and balanced by
a hydraulically equivalent volume of excavation taken from below the base
flood or 100 -year frequency flood elevation. The excavation volume shall
be at least equal to the volume of storage lost due to the fill or
structure. In the case of streams and watercourses, such excavation shall
be made opposite or adjacent to the areas so filled or occupied. All
floodplain storage lost below the existing 10 -year flood elevation shall be
replaced below the proposed 10 -year flood elevation. All floodplain
storage lost above the existing 10 -year flood elevation shall be replaced
above the proposed 10 -year flood elevation. All such excavations shall be
constructed to drain freely and openly to the watercourse.
CHAPTER 18.14
OCCUPATION AND USE OF IDENTIFIED FLOODWAYS
SECTIONS:
18.14.010 GENERAL
18.14.020 DEVELOPMENT PERMIT
18.14.030 APPLICATION
18.14.040 OTHER AGENCY PERMITS
18.14.050 PREVENTING INCREASED DAMAGES
AND A LIST OF APPROPRIATE USES
18.14.060 FLOODWAY CHARACTERISTICS
18.14.070 STATE REVIEW
18.14.080 OTHER PERMITS
18.14.090 DAM SAFETY PERMITS
18.14.100 ACTIVITIES THAT DO NOT REQUIRE A PROFESSIONAL
ENGINEER'S REVIEW
Section 18.14.010 General - This Chapter applies to proposed development,
redevelopment, site modification or building modification within a
regulatory floodway. The regulatory floodway for Buffalo Creek, Farrington
Ditch, White Pine Ditch, Aptakisic Creek, Tributary to Aptakisic Creek,
McDonald Creek, South Branch Indian Creek (Kildeer Creek), Indian Creek and
Des Plaines River shall be as delineated on the regulatory floodway maps
designated by DWR according and referenced in Section 18.04.330. Only
those uses and structures will be permitted which meet the criteria in this
Chapter. All floodway modifications shall be the minimum necessary to
accomplish the purpose of the project. The development shall also meet the
requirements of Chapter 18.18.
Section 18.14.020 Development Permit - No person, firm, corporation or
governmental body not exempted by state law shall commence any development
in a floodway without first obtaining.a development permit from the Village
Engineer.
Section 18.14.030 Application - Application for a development permit shall
be made on a form provided by the Village Engineer. The application shall
include the following information:
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a. Name and address of applicant;
b. Site location (including legal description) of the property, drawn to
scale, on the regulatory floodway map, indicating whether it is
proposed to be in an incorporated or unincorporated area;
c. Name of stream or body of water affected;
d. Description of proposed activity;
e. Statement of purpose of proposed activity;
f. Anticipated dates of initiation and completion of activity;
g. Name and mailing address of the owner of the subject property if
different from the applicant;
h. Signature of applicant or the applicants agent;
i. If the applicant is a corporation, the president or other authorized
officer shall sign the application form;
j. If the applicant is a partnership, each partner shall sign the
application form; and
k. If the applicant is a land trust, the trust officer shall sign the name
of the trustee by him (her) as trust officer. A disclosure affidavit
shall be filed with the application, identifying each beneficiary of
the trust by name and address and defining the respective interests
therein.
1. Plans of the proposed activity shall be provided which include as
a minimum:
(i) A vicinity map showing the site of the activity, name of the
waterway, boundary lines, names of roads in the vicinity of the
site, graphic or numerical scale, and north arrow;
(ii) A plan view of the project and engineering study reach showing
existing and proposed conditions including principal dimensions
of the structure or work, elevations in mean sea level (1929
adjustment) datum or N.G.V.D., adjacent property lines and
ownership, drainage and flood control easements, distance between
proposed activity and navigation channel (when the proposed
construction is near a commercially navigable body of water),
regulatory floodway limit, floodplain limit, specifications and
dimensions of any proposed channel modifications, location and
orientation of cross- sections, north arrow and a graphic or
numerical scale;
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(iii) Cross - section views of the project and engineering study reach
showing existing and proposed conditions including principal
dimensions of the work as shown in plan view, existing and
proposed elevations, normal water elevation, 10 -year frequency
flood elevation, and graphic or numerical scales (horizontal and
vertical);
(iv) A copy of the regulatory floodway map, marked to reflect any
proposed change in the regulatory floodway location.
m. Any and all other local, state and federal permits or approval letters
that may be required for this type of development.
n. Engineering calculations and supporting data shall be submitted showing
that the proposed work will meet the permit criteria of Section
18.14.050.
o. If the regulatory floodway delineation, base flood or 100 -year
frequency flood elevation will change due to the proposed project, the
application will not be considered complete until DWR has indicated
conditional approval of the regulatory floodway map change. No
structures may be built until a Letter of Map Revision has been
approved by FEMA.
p. The application for a structure shall be accompanied by drawings of the
site, drawn to scale showing property line dimensions and existing
ground elevations and all changes in grade resulting from any proposed
excavation or filling, and floodplain and floodway limits; sealed by a
registered professional engineer, licensed architect or registered land
surveyor; 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 Chapter 18.18
of this Title.
Section 18.14.040 Other Agency Permits - The Village Engineer shall be
responsible for obtaining from the applicant copies of all other local,
state and federal permits and approvals that may be required for this type
of activity. The Village Engineer shall not issue the development permit
unless all required federal and state permits have been obtained. The
Village Engineer shall review and approve applications reviewed under this
Chapter.
Section 18.14.050 Preventing Increased Damages and a List of Appropriate
Uses - The only development in a floodway which will be allowed are
Appropriate Uses which will not cause a rise in the base flood elevation,
and which will not create a damaging or potentially damaging increase in
flood heights or velocity or be a threat to public health and safety. Only
those Appropriate Uses listed in 92 Ill. Adm. Code 708 will be allowed.
Appropriate uses do not include the construction or placement of any new
structures, fill, building additions, buildings on sites, excavation or
channel modifications done to accommodate otherwise nonappropriate uses in
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the floodway, fencing (including landscaping or planting designed to act as
a fence) and storage of materials except as specifically defined above as
an Appropriate Use. The approved Appropriate Uses are as follows:
a. Flood control structures, dikes, dams and other public works or private
improvements relating to the control of drainage, flooding, erosion or
water quality or habitat for fish and wildlife.
b. Structures or facilities relating to the use of, or requiring access to,
the water or shoreline, such as pumping and treatment facilities, and
facilities and improvements related to recreational boating, commercial
shipping and other functionally water dependent uses;
c. Storm and sanitary sewer outfalls;
d. Underground and overhead utilities;
e. Recreational facilities such as playing fields and trail systems
including any related fencing (at least 50% open when viewed from any
one direction) built parallel to the direction of flood flows and
including open air pavilions;
f. Detached garages, storage sheds or other non - habitable accessory
structures without toilet facilities to existing buildings that will not
block flood flows, nor reduce floodway storage;
g. Bridges, culverts, roadways, sidewalks, railways, runways and taxiways
and any modification thereto;
h. Parking lots and any modifications thereto (where depth of flooding at
the 100 -year frequency flood event will riot exceed 1.0') and aircraft
parking aprons built at or below ground elevations;
i. Regulatory floodway regrading, without fill, to create a positive
non - erosive slope toward a watercourse.
j. Flood proofing activities to protect previously existing lawful
structures including the construction of water tight window wells,
elevating structures or construction of floodwalls around residential,
commercial or industrial principal structures where the outside toe of
the floodwall shall be no more than ten (10) feet away from the
exterior wall of the existing structure and which are not considered
substantial improvements to the structure.
k. In the case of damaged or replacement buildings, reconstruction or
repairs made to a building that are valued at less than 50% of the
market value of the building before it was damaged or replaced and
which do not increase the outside dimensions of the building.
1. Additions to existing buildings above the BFE that do not increase the
building's foot print and are valued at less than 50% of the market
value of the building.
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Section 18.14.060 Floodway Characteristics - Within the regulatory floodway
as identified on the regulatory floodway maps designated by DWR, the
construction of an Approp- riate Use, will be considered permissible
provided that the proposed project meets the following engineering criteria
and is so stated in writing with supporting plans, calculations and data by
a registered professional engineer and provided that any structure meets
the protection
requirements of Chapter 18.18.
a. Preservation of Flood Conveyance, so as Not to Increase Flood Stages
Upstream. For appropriate uses other than bridge or culvert crossings,
on- stream structures or dams, all effective regulatory floodway
conveyance lost due to the project will be replaced for all flood events
up to and including the 100 -year frequency flood. In calculating
effective regulatory floodway conveyance, the following factors shall
be taken into consideration:
(i) Regulatory floodway conveyance,
"K" = 1.486 AR 2/3
n
where "n" is Manning's roughness factor, "A" is the effective area
of the cross - section, and "R" is the ratio of the area to the
wetted perimeter. (See Open Channel Hydraulics, Ven Te Chow,
1959, McGraw -Hill Book Company, New York)
(ii) The same Manning's "n" value shall be used for both existing and
proposed conditions unless a recorded maintenance agreement with a
federal, state, or local unit of government can assure the
proposed conditions will be maintained or the land cover is
changing from a vegetative to a nonvegetative land cover.
(iii) Transition sections shall be provided and used
effective regulatory floodway conveyance. The
and contraction ratios shall be used unless an
engineer can prove to DWR through engineering
model tests that more abrupt transitions may b,
efficiency:
in calculations of
following expansion
applicant's
calculations or
used with the same
(a) When water is flowing from a narrow section to a wider
section, the water should be assumed to expand no faster than
at a rate of one foot horizontal for every four feet of the
flooded stream's length.
(b) When water is flowing from a wide section to a narrow section,
the water should be assumed to contract no faster than at a
rate of one foot horizontal for every one foot of the flooded
stream's length.
(c) When expanding or contracting flows in a vertical direction, a
minimum of one foot vertical transition for every ten feet of
stream length shall be used.
I":11
(d) Transition sections shall be provided between cross - sections
with rapid expansions and contractions and when meeting the
regulatory floodway delineation on adjacent properties.
(e) All cross - sections used in the calculations shall be located
perpendicular to flood flows.
b. Preservation of Floodway Storage so as Not to Increase Downstream
Flooding. Compensatory storage shall be provided for any regulatory
floodway storage lost due to the proposed work from the volume of fill
or structures placed and the impact of any related flood control
projects. Compensatory storage for fill or structures shall be equal
to at least the volume of floodplain storage lost. Artificially
created storage lost due to a reduction in head loss behind a bridge
shall not be required to be replaced. The compensatory regulatory
floodway storage shall be placed between the proposed normal water
elevation and the proposed 100 -year flood elevation. All regulatory
floodway storage lost below the existing 10 -year flood elevation shall
be replaced below the proposed 10- year flood elevation. All regulatory
floodway storage lost above the existing 10 -year flood elevation shall
be replaced above the proposed 10 -year flood elevation. All such
excavations shall be constructed to drain freely and openly to the
watercourse. If the compensatory storage will not be placed at the
location of the proposed construction, the applicant's engineer shall
demonstrate to DWR through a determination of flood discharges and
water surface elevations that the compensatory storage is hydraulically
equivalent. Finally, there shall be no reduction in floodway surface
area as a result of a floodway modification, unless such modification
is necessary to reduce flooding at existing structure.
c. Preservation of Floodway Velocities so as Not to Increase Stream
Erosion or Flood Heights. For all Appropriate Uses, except bridges or
culverts or on- stream structures, the proposed work will not result in
an increase in the average channel or regulatory floodway velocities.
The total cumulative effect within any proposed development, when
combined with all other existing and anticipated developments, shall
not increase the stage more than 1.0 foot for the affected hydraulic
reach of the stream except that at the property line, the increase in
stage may not exceed 0.10 foot.
However, in the case of bridges or culverts or on- stream structures
built for the purpose of backing up water in the stream during normal
or flood flows, velocities may be increased at the structure site if
scour, erosion and sedimentation will be avoided by the use of rip -rap
or other design measures.
d. Construction of New Bridges or Culvert Crossings and Roadway
Approaches. The proposed structure shall not result in an increase of
upstream flood stages greater than 0.1 foot when compared to the
existing conditions for all flood events up to and including the
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100 -year frequency event; or the upstream flood stage increases will be
contained within the channel banks (or within existing vertical
extensions of the channel banks) such as within the design protection
grade of existing levees or flood walls or within recorded flood
easements. If the proposed construction will increase upstream flood
stages greater than 0.1 foot, the developer must contact DWR, Dam
Safety Section for a Dam Safety permit or waiver.
(i) The engineering analysis of upstream flood stages must be
calculated using the flood study flows, and corresponding flood
elevations for tailwater conditions for the flood study specified
in Chapter 18.10 of this Title. Culverts must be analyzed using
the U.S. DOT, FHWA Hydraulic Chart for the Selection of Highway
culverts. Bridges must be analyzed using the U.S. DOT /Federal
Highway Administration Hydraulics of Bridge Waterways calculation
procedures.
(ii) Lost floodway storage must be compensated for per 18.14.060(b).
(iii) Velocity increases must be mitigated per Section 18.14.060(c).
(iv) If the crossing is proposed over a public water that is used for
recreational or commercial navigation, a Department of
Transportation permit must be received.
(v) The hydraulic analysis for the backwater caused by the bridge
showing the existing condition and proposed regulatory profile must
be submitted to DWR for concurrence that a CLOMR is not required by
Section 18.14.050.
(vi) All excavations for the construction of the crossing shall be
designed per Section 18.14.060(h).
e. Reconstruction or Modification of Existing Bridges, Culverts and
Approach Roads.
(i) The bridge or culvert and roadway approach reconstruction or
modification shall be constructed with no more than 0.1 foot
increase in backwater over the existing flood profile for all
flood frequencies up to and including the 100 -year event, if
the existing structure is not a source of flood damage.
(ii) If the existing bridge or culvert and roadway approach is a source
of flood damage to buildings or structures in the upstream flood
plain, the applicant's engineer shall evaluate the feasibility of
redesigning the structure to reduce the existing backwater, taking
into consideration the effects on flood stages on upstream and
downstream properties.
(iii) The determination as to whether or not the existing crossing is a
source of flood damage and should be redesigned must be prepared
in accordance with the Department-of Transportation Rules 92 Ill.
Adm. Code 708 ( Floodway Construction in Northeastern Illinois) and
submitted to the Division for review and concurrence before a
permit is issued.
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f. On- Stream Structures Built for the Purpose of Backing Up Water. Any
increase in upstream flood stages greater than 0.0 foot when compared
to the existing conditions, for all flood events up to and including
the 100 -year frequency`event shall be contained within the channel
banks (or within existing vertical extensions of the channel banks)
such as within the design protection grade of existing levees or flood
walls or within recorded flood easements. A permit or letter
indicating a permit is not required must be obtained from DWR, Dam
Safety Section for a Dam Safety permit or waiver for any structure
built for the purpose of backing up water in the stream during normal
or flood flow. All dams and impoundment structures as defined in
Section 18.04.090 shall meet the permitting requirements of 92 Ill.
Adm. Code 702 (Construction and Maintenance of Dams).
g. Flood Proofing of Existing Habitable, Residential and Commercial
Structures. If construction is required beyond the outside dimensions
of the existing building, the outside perimeter of floodproofing
construction shall be placed no further than 10 feet from the outside
of the building. Compensation of lost storage and conveyance will not
be required for floodproofing activities.
h. Excavation in the Floodway. When excavation is proposed in the design
of bridges and culvert openings, including the modifications to and
replacement of existing bridge and culvert structures, or to compensate
for lost conveyance for other Appropriate Uses, transition sections
shall be provided for the excavation. The following expansion and
contraction ratios shall be used unless an applicant's engineer can
prove to DWR through engineering calculations or model tests that more
abrupt transitions may be used with the same efficiency:
(i) When water is flowing from a narrow section to a wider section,
the water should be assumed to expand no faster than at a rate of
one foot horizontal for every four feet of the flooded stream's
length;
(ii) When water is flowing from a wide section to a narrow section,,
the water should be assumed to contract no faster than at a rate
of one foot horizontal for every one foot of the flooded stream's
length; and
(iii) When expanding or contracting flows in a vertical direction, a
minimum of one foot vertical transition for every ten feet of
stream length shall be used.
(iv) Erosion /scour protection shall be provided inland upstream and
downstream of the transition sections.
i. Seeding and Stabilization Plan. For all activities located in a
floodway, a seeding and stabilization plan shall be submitted by the
applicant.
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j. Public Flood Control Projects. For public flood control projects, the
permitting requirements of this Chapter will be considered met if the
applicant can demonstrate to DWR through hydraulic and hydrologic
calculations that the proposed project will not singularly or
cumulatively result in increased flood heights outside the project
right -of -way or easements for all flood events up to and including the
100 -year frequency event.
k. General Criteria for Analysis of Flood Elevations.
(i) The flood profiles, flows and floodway data in the regulatory
floodway study, referenced in Chapter 18.10, must be used for
analysis of the base conditions. If the study data appears to be
in error or conditions have changed, DWR shall be contacted for
approval and concurrence on the appropriate base conditions data
to use.
(ii) If the 100 -year regulatory floodway elevation at the site of the
proposed construction is affected by backwater from a downstream
receiving stream with a larger drainage area, the proposed
construction shall be shown to meet the requirements of this
Chapter for the regulatory floodway conditions and conditions
with the receiving stream at normal water elevations.
(iii) If the applicant learns from DWR, local governments or a private
owner that a downstream restrictive bridge or culvert is
scheduled to be removed, reconstructed or modified or a regional
flood control project is scheduled to be built, removed,
constructed or modified with the next five years, the proposed
construction shall be analyzed and shown to meet the requirements
of the Chapter for both the existing conditions and the expected
flood profile conditions when the bridge, culvert or flood
control project is built.
1. Conditional Letter of Map Revision. If the Appropriate Use would
result in a change in the regulatory floodway location or the 100 -year
frequency flood elevation, the applicant shall submit to DWR and to
FEMA all the information, calculations and documents necessary to be
issued a conditional regulatory floodway map revision and receive from
DWR a conditional approval of the regulatory floodway change before a
permit is issued. However, the final regulatory floodway map will not
be changed by DWR until as -built plans or record drawings are submit-
ted and accepted by FEMA and DWR. In the case of non - government
projects, the municipality in incorporated areas shall concur with the
proposed conditional regulatory floodway map revision before DWR
approval can be given. No filling, grading, dredging or excavating
shall take place until a conditional approval is issued. No further
development activities shall take place until final Letter of Map
Revision (LOMR) is issued by FEMA and DWR.
m. Professional Engineer's Supervision. All engineering analyses shall be
performed by or under the supervision of a registered professional
engineer.
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n. After receipt of conditional approval of the regulatory floodway change
and issuance of a permit and a Conditional Letter of Map Revision,
construction as necessary to change the regulatory floodway designated
may proceed but no buildings or structures or other construction that
is not an Appropriate Use may be placed in that area until the
regulatory floodway map is changed and a final Letter of Map Revision
is received. The regulatory floodway map will be revised upon
acceptance and concurrence by DWR and FEMA of the "as- built" plans.
Section 18.14.070 State Review - For those projects listed below located in
a regulatory floodway, the following criteria shall be submitted to DWR for
their review and concurrence prior to the issuance of a permit.
a. DWR will review an engineer's analysis of the flood profile due to a
proposed bridge pursuant to Section 18.14.060(d).
b. DWR will review an engineer's determination that an existing bridge or
culvert crossing is not a source of flood damage and the analysis
indicating the proposed flood profile, pursuant to Section
18.14.060(e).
c. DWR will review alternative transition sections and hydraulically
equivalent storage pursuant to Section 18.14.060(a, b and h).
d. DWR will review and approve prior to the start of construction any
Department projects, dams (as defined in Section 18.04.090) and all
other state, federal or local units of government projects, including
projects of the municipality or county.
Section 18.14.080 Other Permits - In addition to the other requirements of
this Title, a development permit for a site located in a floodway shall
not be issued unless the applicant first obtains a permit or written
documentation that a permit is not required from DWR, issued pursuant to
Illinois Revised Statutes, Chapter 19, Section 52 et seq. No permit from
DWR shall be required if the Division has delegated this responsibility to
the Village.
Section 18.14.090 Dam Safety Permits - Any work involving the construction,
modification or removal of a dam as defined in Section 18.04.090 per 92
Ill. Adm. Code 702 (Rules for Construction of Dams) shall obtain an
Illinois Division of Water Resources Dam Safety permit prior to the start
of construction of a dam. If the Village Engineer finds a dam that does
not have a DWR permit, the Village Engineer shall immediately notify the
Dam Safety Section of the Division of Water Resources. If the Village
Engineer finds a dam which is believed to be in unsafe condition, the
Village Engineer shall immediately notify the owner of the dam, DWR, Dam
Safety Section in Springfield and the Illinois Emergency Services and
Disaster Agency (ESDA).
Section 18.14.100 Activities That Do Not Require a Registered Professional
Engineer's Review - The following activities may be permitted without a
registered professional engineer's review. Such activities shall still
meet the other requirements of this Title, including the mitigation
requirements.
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a. Underground and overhead utilities that:
(i) Do not result in any increase in existing ground elevations.
(ii) Do not require the placement of above ground structures in the
floodway, or
(iii) In the case of underground stream crossings, the top of the pipe or
encasement is buried a minimum of 3' below the existing stream
bed, and
(iv) In the case of overhead utilities, no supporting towers are placed
in the watercourse and are designed in such a fashion as not to
catch debris.
b. Storm and sanitary sewer outfalls that:
(i) Do not extend riverward or lakeward of the existing adjacent
natural bank slope, and
(ii) Do not result in an increase in ground elevation, and
(iii) Are designed so as not to cause stream erosion at the outfall
location.
c. Construction of sidewalks, athletic fields (excluding fences), properly
anchored playground equipment and patios at grade.
d. Construction of shoreline and streambank protection that:
(i) Does not exceed 1000 feet in length.
(ii) Materials are not placed higher than the existing top of bank.
(iii) Materials are placed so as not to reduce the cross - sectional area
of the stream channel or bank of the lake.
(iv) Vegetative stabilization and gradual side slopes are the preferred
mitigation methods for existing erosion problems. Where high
channel velocities, sharp bends or wave action necessitate the use
of alternative stabilization measures, natural rock or rip -rap are
preferred materials. Artificial materials such as concrete,
construction rubble and gabions should be avoided unless there are
no practicable alternatives.
e. Temporary stream crossings in which:
(i) The approach roads will be 0.5' (1/2 foot) or less above natural
grade.
(ii) The crossing will allow stream flow to pass without backing up the
water above the stream bank vegetation line or above any drainage
tile or outfall invert.
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(iii) The top of the roadway fill in,the channel will be at least 2'
below the top of the lowest bank., Any fill in the channel shall
be non - erosive material, such as rip -rap or gravel.
(iv) All disturbed stream banks will be seeded or otherwise stabilized
as soon as possible upon installation and again upon removal of
construction.
(v) The access road and temporary crossings will be removed within one
year after authorization.
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CHAPTER 18.16
OCCUPATION AND USE OF SPECIAL FLOOD HAZARDS WHERE
FLOODWAYS ARE NOT IDENTIFIED
SECTIONS:
18.16.010
GENERAL
18.16.020
DEVELOPMENT PERMIT
18.16.030
BASE FLOOD ELEVATION
18.16.040
OTHER AGENCY PERMITS
18.16.050
PREVENTING INCREASED DAMAGES
18.16.060
DETENTION OF FLOODWAY
18.16.070
COMPENSATORY STORAGE
Section 18.16.010 General - In SFHA or floodplains, where no floodways
have been identified a no base flood or 100 -year frequency flood elevations
have been established by FEMA, and draining more than a square mile, no
development shall be permitted unless the cumulative effect of the
proposals, when combined with all other existing and anticipated uses and
structures, shall not significantly impede or increase the flow and passage
of the floodwaters nor significantly increase the base flood or 100 -year
frequency flood elevation.
Section 18.16.020 Development Permit - No person, firm, corporation, or
governmental body, not exempted by state law, shall commence any
development in a SFHA or floodplain without first obtaining a development
permit from the Village Engineer. Application for a development permit
shall be made on a form provided by the Village Engineer. The application
shall be accompanied by drawings of the site, drawn to scale showing
property line dimensions; and existing grade elevations and all changes in
grade resulting from excavation or filling, sealed by a licensed engineer,
architect or surveyor; 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 Chapter
18.18 of this Title.
The application for a development permit shall also include the following
information:
a. A detailed description of the proposed activity, its purpose and
intended use:
b. Site location (including legal description) of the property, drawn to
scale, on the regulatory floodway maps, indicating whether it is
proposed to be in an incorporated or unincorporated area;
c. Anticipated dates of initiation and completion of activity;
d. Plans of the proposed activity shall be provided which include as a
minimum:
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(i) A vicinity map showing the site of the activity, name of the
waterway, boundary lines, names of roads in the vicinity of the
site, graphic or numerical scale, and north arrow;
(ii) A plan view of the project and engineering study reach showing
existing and proposed conditions including principal dimensions of
the structure or work, elevations in mean sea level (1929
adjustment) datum or N.G.V.D., adjacent property lines and
ownership, drainage and flood control easements, distance between
proposed activity and navigation channel (when the proposed
construction is near a commercially navigable body of water),
floodplain limit, location and orientation of cross - sections,
north arrow and a graphical or numerical scale;
(iii) Cross - section views of the project and engineering study reach
showing existing and proposed conditions including principal
dimensions of the work as shown in plan view, existing and
proposed elevations, normal water elevation, 10 -year frequency
flood elevation, 100 -year frequency flood elevation and graphical
or numerical scales (horizontal and vertical); and
e. Engineering calculations and supporting data shall be submitted showing
that the proposed work will meet the criteria of Section 18.16.050.
f. Any and all other local, state and federal permits or approvals that
may be required for this type of development.
Section 18.16.030 Base Flood Elevation - Based on the best available
existing data according to the Illinois State Water Survey's Floodplain
Information Repository, the Village Engineer shall compare the elevation
of the site to the base flood or 100 -year frequency flood elevation.
Should no elevation information exist for the site, the developer's
engineer shall calculate the elevation according to Section 18.10.040. Any
development located on land that can be shown to have been higher than the
base flood elevation as of the site's first Flood Insurance Rate Map
Identification is not 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.
Section 18.16.040 Other Agency Permits - The Village Engineer shall be
responsible for obtaining from the applicant copies of all other local,
state and federal permits approvals or permit- not - required letters that
may be required for this type of activity. The Village Engineer shall
not issue the development permit unless all required local, state and
federal permits have been obtained.
Section 18.16.050 Preventing Increased Damages - No development in the
SFHA, where a floodway has not been determined shall create a damaging
or potentially damaging increase in flood heights or velocity or threat
to public health, safety and welfare.
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Section 18.16.060 Determination of Floodway - Within all riverine SFHA's
where the floodway has not been determined, the following standards shall
apply:
a. The developer shall have a Registered Professional Engineer state
in writing and show through supporting plans, calculations and data
that the project meets the engineering requirements of Section
18.14.060(a) through (1) for the entire floodplain as calculated
under the provisions of Section 18.10.040 of this Title. As an
alternative, the developer should have an engineering study
performed to determine a floodway and submit that engineering study
to DWR for acceptance as a regulatory floodway. Upon acceptance of
their floodway by the Department, the developer shall then demon-
strate that the project meets the requirements of Chapter 18.14
for the regulatory floodway. The floodway shall be defined
according to the definition in Section 18.04.330 of this Ordinance.
b. A development permit shall not be issued unless the applicant first
obtains a permit from DWR or written documentation that a permit is
not required from DWR.
c. No permit from DWR shall be required if the Division has delegated
permit responsibility to the Village per 92 Ill. Adm. Code, Part
708 for regulatory floodways, per DWR Statewide Permit entitled
"Construction in Floodplains with No Designated Floodways in North-
eastern Illinois."
d. Dam Safety Permits. Any work involving the construction, modification
or removal of a dam or an on- stream structure to impound water as
defined in Section 18.04.090 shall obtain an Illinois Division of Water
Resources Dam Safety permit or letter indicating a permit is not
required prior to the start of construction of a dam. If the Village
Engineer finds a dam that does not have an DWR permit, the Village
Engineer shall immediately notify the Dam Safety Section of the
Division of Water Resources. If the Village Engineer finds a dam which
is believed to be in unsafe condition, the Village Engineer shall
immediately notify the owner of the dam, the Illinois Emergency
Services and Disaster Agency (ESDA) and the DWR, Dam Safety Section in
Springfield.
e. The following activities may be permitted without a Registered
Professional Engineer's review or calculation of a base flood elevation
and regulatory floodway. Such activities shall still meet the other
requirements of this Title:
(i) Underground and overhead utilities that:
(a) Do not result in any increase in existing ground elevations,
(b) Do not require the placement of above ground structures in
the floodway, or
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(c) In the case of underground stream crossings, the top of the
pipe or encasement is buried a minimum of 3' below the
existing streambed, and
(d) In the case of overhead utilities, no supporting towers are
placed in the watercourse and are designed in such a fashion
as not to catch debris.
(ii) Storm and sanitary sewer outfalls that:
(a) Do not extend riverward or lakeward of the existing adjacent
natural bank slope, and
(b) Do not result in an increase in ground elevation, and
(c) Are designed so as not to cause stream bank erosion at the
outfall location.
(iii) Construction of shoreline and streambed protection that:
(a) Does not exceed 1000 feet in length or 2 cubic yards per
lineal foot of streambed.
(b) Materials are not placed higher than the existing top of
bank.
(c) Materials are placed so as not to reduce the cross - sectional
area of the stream channel by more than 10 %.
(d) Vegetative stabilization and gradual side slopes are the
preferred mitigation methods for existing erosion problems.
Where high channel velocities, sharp bends or wave action
necessitate the use of alternative stabilization measures,
natural rock or rip -rap are preferred materials. Artificial
materials such as concrete, construction rubble, and gabions
should be avoided unless there are not practicable
alternatives.
(iv) Temporary stream crossings in which:
(a) The approach roads will be 0.5' (1/2 foot) or less above
natural grade.
(b) The crossing will allow stream flow to pass without
backing up the water above the stream bank vegetation
line or above any drainage the or outfall invert.
(c) The top of the roadway fill in the channel will be at
least 2' below the top of the lowest bank. Any fill in
the channel shall be non - erosive material, such as
rip -rap or gravel.
-29-
(d) All disturbed stream banks will be seeded or otherwise
stabilized as soon as possible upon installation and
again upon removal of construction.
(e) The access road and temporary crossings will be removed
within one year after authorization.
(v) The construction of light poles, sign posts and similar
structures;
(vi) The construction of sidewalks, driveways, athletic fields
(excluding fences), patios and similar surfaces which are
built at grade;
(vii) The construction of properly anchored, unwalled, open
structures such as playground equipment, pavilions and
carports built at or below existing grade that would not
obstruct the flow of flood waters;
(viii) The placement of properly anchored buildings not exceeding
seventy (70 square feet in size, not ten (10) feet in any
one dimension (e.g., animal shelters and tool sheds);
(ix) The construction of additions to existing buildings which do
not increase the first floor area by more than twenty (20)
percent, which are located on the upstream or downstream
side of the existing building and which do not extend beyond
the sides of the existing building that "are parallel to the
flow of flood waters;
(x) Minor maintenance dredging of a stream channel where:
(a) The affected length of stream is less than 1000 feet.
(b) The work is confined to reestablishing flows in natural
stream channels, or
(c) The cross - sectional area of the dredged channel conforms
to that of the natural channel upstream and downstream
of the site.
f. The flood carrying capacity within any altered or relocated watercourse
shall be maintained.
Section 18.16.070 Compensatory Storage - Whenever any portion of a
floodplain is authorized for use, the volume of space which will be
occupied by the authorized fill or structure below the base flood or
100 -year frequency flood elevation shall be compensated for and balanced by
a hydraulically equivalent volume of excavation taken from below the base
flood or 100 -year frequency flood elevation. The excavation volume shall
be at least equal to the volume of storage lost due to the fill or
structure. In the case of streams and watercourses, such excavation shall
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be made opposite or adjacent to the areas so filled or occupied. All
floodplain storage lost below the existing 10 -year flood elevation shall be
replaced below the proposed 10 -year flood elevation. All floodplain
storage lost above the existing 10 -year flood elevation shall be replaced
above the proposed 10 -year flood elevation. All such excavations shall be
constructed to drain freely and openly to the watercourse.
CHAPTER 18.18
PERMITTING REQUIREMENTS APPLICABLE TO ALL FLOODPLAIN AREAS
SECTIONS:
18.18.010 GENERAL
18.18.020 CARRY CAPACITY AND NOTIFICATION
18.18.030 PROTECTING BUILDINGS
18.18.040 METHODS OF BUILDING PROTECTION
Section 18.18.010 General - In addition to the requirements found in
Chapter 18.12, 18.14 and 18.16 for development in flood fringes, regulatory
floodways, and SFHA or floodplains where no floodways have been identified
(Zones A, A0, AH, AE, Al -A30, A99, V0, V1 -30, VE, V. M or E), the following
requirements shall be met.
a. Public Health Standards
b. No developments in the SFHA shall include locating or storing
chemicals, explosives, buoyant materials, animal wastes, fertilizers,
flammable liquids, pollutants or other hazardous or toxic materials
below the FPE.
c. New and replacement water supply systems, wells, sanitary sewer lines
and on -site waste disposal systems may be permitted providing all
manholes or other above ground openings located below the FPE are
watertight.
Section 18.18.020 Carrying Capacity and Notification - For all projects
involving channel modification, fill or stream maintenance (including
levees), the flood carrying capacity of the watercourse shall be
maintained. In addition, the Village shall notify adjacent communities in
writing 30 days prior to the issuance of a permit for the alteration or
relocation of the watercourse.
Section 18.18.030 Protecting Buildings - All buildings located within a
100 -year floodplain also known as a SFHA, shall be protected from flood
damage below the flood protection elevation. However, existing buildings
located within a regulatory floodway shall also meet the more restrictive
Appropriate Use standards included in Chapter 18.14. This building
protection criteria applies to the following situations:
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a. Construction or placement of a new building.
b. A structural alteration to an existing building that either increases
the first floor area by more than 20% or the building's market value by
more than 50 %,
c. Installing a manufactured home on a new site or a new manufactured home
on an existing site. This building protection requirements does not
apply to returning a mobile home to the same site it lawfully occupied
before it was removed to avoid flood damage; and
d. Installing a travel trailer on a site for more than 180 days.
Section 18.18.040 Methods of Building Protection - The building protection
requirement may be met by one of the following methods.
a. A residential or non - residential building, when allowed, may be
constructed on permanent land fill in accordance with the following:
(i) The lowest floor (except a basement), 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 that 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, and except a basement which
shall be one (1') foot above the Base Flood Elevation.
(ii) The fill shall be placed in layers no greater than one (1) foot
deep before compaction and shall extend at least twenty -five (25')
feet beyond the foundation of the building before sloping below an
elevation which is not less than one (1') foot above the Base Flood
Elevation. The top of the fill shall be above the flood protection
elevation. The fill shall be protected against erosion and scour.
The fill shall npt adversely effect the flow or surface drainage
from or onto neighboring properties.
b. A residential or non - residential building may be elevated in accordance
with the following:
(i) The building or improvements shall be elevated on crawl space,
stilts, piles, walls or other foundation that is permanently open
to flood waters and not subject to damage by hydrostatic pressures
of the base-flood or 100 -year frequency flood. The permanent
openings shall be no more than one foot above grade, and consist
of a minimum of two openings. The openings must have a total net
area of not less than one square inch for every one square foot of
enclosed area subject to flooding below the Base Flood Elevation.
(ii) The foundation and supporting members shall be anchored and
aligned in relation to flood flows and adjoining structures so as
to minimize exposure to known hydrodynamic forces such as current,
waves, ice and floating debris.
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(iii) All areas below the flood protection elevation 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 flood protection eleva-
tion. Water and sewer pipes, electrical and telephone lines,
submersible pumps and other waterproofed service facilities may be
located below the flood protection elevation.
(iv) No area below the flood protection elevation shall be used for
storage of items or materials.
(v) Manufactured homes and travel trailers to be installed on a site
for more than 180 days, shall be elevated to or above the flood
protection elevation; and, shall be anchored to resist floatation,
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 77 Ill. Adm. Code 870.
C. Only a non - residential building may be structurally dry floodproofed
(in lieu of elevation) provided that a registered professional engineer
shall certify that the building has been structurally dry floodproofed
below the flood protection elevation, the structure and attendant
utility facilities are watertight and capable of resisting the effects
of the base flood or 100 -year frequency flood. The building design
shall take into account flood velocities, duration, rate of rise,
hydrostatic and hydrodynamic forces, the effects of bouyancy and
impacts from debris or ice. Floodproofing measures shall be operable
without human intervention and without an outside source of electricity
(levees, berms, floodwalls and similar works are not considered flood -
proofing for the purpose of this subsection).
d. Non - conforming structures located in a regulatory floodway may remain
in use, but may not be enlarged, replaced or structurally altered. A
non - conforming structure damaged by flood, fire, wind or other natural
or man -made disaster may be restored unless the damage exceeds fifty
percent (50%) of its market value before it was damaged, in which case
it shall conform to this Title.
e. Tool sheds and detached garages on an existing single - family platted
lot, may be constructed with the lowest floor below the flood
protection elevation in accordance with the following:
(i) The building is not used for human habitation.
(ii) All areas below the base flood or 100 -year frequency flood
elevation shall be constructed with waterproof material.
Structures located in a regulatory floodway shall be constructed
and placed on a building site so as not to block the flow of flood
waters and shall also meet the Appropriate Use criteria of Section
18.14.050(f). In addition, all other requirements of Chapter
18.12, 18.14 and 18.16 must be met.
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(iii) The structure shall be anchored to prevent flotation.
(iv) Service facilities such as electrical and heating equipment shall
be elevated or floodproofed to the flood protection elevation.
(v) The building shall be valued at less than $6,000.00 and be less
than 600 square feet in floor size.
(vi) The building shall be used only for the storage of vehicles or
tools and may not contain other rooms, workshops, greenhouses or
similar uses.
CHAPTER 18.20
OTHER DEVELOPMENT REQUIREMENTS
SECTIONS:
18.20.010 GENERAL
18.20.020 NEW DEVELOPMENT STANDARDS
Section 18.20.010 General - The Corporate Authorities 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, annexation agreements and
Planned Unit Developments (PUD's) within the SFHA shall be reviewed to
assure that the proposed developments are consistent with Chapters
18.12, 18.14, 18.16 and 18.18 of the Buffalo Grove Municipal Code and
the need to minimize flood damage. Plats or plans for new subdivi-
sions, mobile home parks and Planned Unit Developments (PUD's) shall
include a signed statement by a Registered Professional Engineer that
the plat or plans account for changes in the drainage of surface waters
in accordance with the Plat Act (Ill. Rev. Stat. Ch. 109, Sec. 2).
b. Proposals for new subdivisions, manufactured home parks, travel trailer
parks, planned unit developments (PUD's) and additions to manufactured
home parks and additions to subdivisions shall include base flood or
100 -year frequency flood elevation data and floodway delineations.
Where this information is not available from an existing study filed
with the Illinois State Water Survey, the applicant's engineer shall be
responsible for calculating the base flood or 100 -year frequency flood
tion per Chapter 18.10.040 floodway delination per the definition in
Section 18.04..330 and submitting it to the State Water Survey and DWR
for review and approval as best available regulatory data.
C. Streets, blocks, lots, parks and other public grounds shall be located
and laid out in such a manner as to preserve and utilize natural
streams and channels. Wherever possible, the flood plains shall be
included within parks or other public grounds.
d. The Corporate Authorities shall not approve any Planned Unit
Development (PUD) or plat of subdivision located outside the corporate
limits unless such agreement or plats in accordance with the provision
of this Title.
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e. All development 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.
f. 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) 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.
Section 18.20.020 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.
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 Food 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. 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.
CHAPTER 18.22
VARIANCES
SECTIONS:
18.22.010
GENERAL
18.22.020
REQUIREMENTS
18.22.030
NOTICE
18.22.040
HISTORIC SITES
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Section 18.22.010 General - No variances shall be granted to any develop-
ment located in a regulatory floodway as defined in Section 18.04.100.
However, when a development proposal is located outside of a regulatory
floodway, and whenever the standards of this Title 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 or Corporate Authorities
shall review the applicant's request for a variance and shall submit its
recommendation to the Corporate Authorities. The Corporate Authorities may
attach such conditions to granting of a variance as it deems necessary to
further the intent of this Title.
Section 18.22.020 Requirements - No variance shall be granted unless the
applicant demonstrates that:
a. The development activity cannot be located outside the SFHA;
b. An exceptional hardship would result if the variance were not granted;.
c. The relief requested is the minimum necessary;
d. There will be no additional threat to public health, safety or creation
of a nuisance;
e. There will be no additional public expense for flood protection,
rescue or operations, policing, or repairs to stream beds and banks,
roads, utilities or other public facilities;
f. The provisions of Sections 18.12.030, 18.12.070, 18.12.080, 18.16.050,
18.16.060 and 18.16.070 of this Title shall still be met;
g. The activity is not in a regulatory floodway.
Section 18.22.030 Notice - The Village Engineer shall notify an applicant
in writing that a variance from the requirements of Chapter 18.18 that would
lessen the degree of protection to a building will:
a. Result increased premium rates for flood insurance up to amounts as
high as $25 for $100 of insurance coverage;
b. Increase the risks to life and property; and
c. Require that the applicant proceed with knowledge of these risks and
that he will acknowledge in writing that he assumes the risk and liability.
Section 18.22.040 Historic Sites - Variances requested in connection with
restoration of a site or building listed on the National Register of
Historical Places or documented as worthy of preservation by the Illinois
Historic Preservation Agency may be granted using criteria more permissive
than the requirements of Sections 18.22.010, 18.22.020 and 18.22.030.
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v + . R,
CHAPTER 18.24
PENALTY
SECTIONS:
18.24.010 DISCLAIMER OF LIABILITY
18.24.020 PENALTY
18.24.030 ABROGATION AND GREATER RESTRICTIONS
18.24.040 SEPARABILITY
Section 18.24.010 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 Title does not imply that
development, either inside or outside of the SFHA, will be free from flood-
ing or damage. This 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 18.24.020 Penalty - Failure to obtain a permit for development in
the SFHA or failure to comply with the requirements of a permit or
conditions of a variance resolution shall be deemed to be a violation of
this Title. Upon due investigation, the Village attorney or engineer 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 according 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.
(iv) The Village may record a notice of violation on the title to the
property.
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 18.24.030 Abrogation and Greater Restrictions This Ordinance
repeals and replaces other ordinances adopted by the Corporate Authorities
to fulfill the requirements of the National Flood Insurance program includ-
ing Ordinances 79 -40, 81 -51, 85 -33, 87 -31 and 89 -15. 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 ordinances, easements, covenants or deed
restrictions conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
Section 18.14.040 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.
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: 4 - Marienthal, Reid, Mathias, O'Malle
NAYES: 0 - None
ABSENT: 1 - Shifrin
PASSED: May 7 , 1990
APPROVED: May 7 , 1990
PUBLISHED: May 7 1990
ATTEST:
Villag Jerk
ORD89:FLOODPLAIN ORD
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Vi la'ge President