1981-051 ORDINANCE 81- 51
PROVIDING AN EXCEPTION TO TITLE 18 BUFFALO GROVE MUNICIPAL CODE
FOR PROPERTY OWNED BY THE BUFFALO GROVE PARK DISTRICT
CONN1MONLY KNOWN AS EMMERICH PARK EAST
WHEREAS , the Village of Buffalo Grove, through Title 18
of the Buffalo Grove Municipal Code , has adopted a Comprehensive
Floodplain Ordinance to protect facilities from potential flood
damage by restricting the land use upon the floodplain and
preserving the existing character of primary floodplains of
the Aptakisic and Buffalo Creek, and
WHEREAS , the Buffalo Grove Park District has purchased 8 . 75
acres of land commonly known as Emmerich Park East , described
in Exhibit 1 attached hereto, and
WHEREAS , the purchase of said property, partially located
within the floodplain of the Buffalo Creek, was authorized by
the electorate of Buffalo Grove through public referendum, and
WHEREAS , the Buffalo Grove Park District designed the
recreational facilities of Emmerich Park East without regard
to Municipal Flood Plain regulations , and
WHEREAS , the Buffalo Grove Park District bid and authorized
a construction contract for the development of Emmerich Park
East without the permit of the Village of Buffalo Grove, the
Metropolitan Sanitary District , the Illinois E.P .A. or the
Illinois Department of Transportation, Division of Water Resources ,
and
WHEREAS , the Buffalo Grove Park District has commenced
construction for the site except for that portion of the site
lying within the governing, floodway to facilitate the development
of Emmerich Park East , and
WHEREAS , the Buffalo Grove Park District has testified
before the Village that they cannot comply with Title 18 of
the Buffalo Grove Municipal Code and develop their park in
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WHEREAS , the Buffalo Grove Park District has testified
that they will obtain the necessary permit from IDOT, Division
of Water Resources to protect the floodway in accordance with
State law, and
WHEREAS , the Village in its continuing effort to assist
the Buffalo Grove Park District in the development of this site
will grant an exemption to Title 18 of the Buffalo Grove Municipal
Code on the condition that all other pertinent codes of the
Village , including those governing building construction, storm
water detention and water and sewer design, be met by the Buffalo
Grove Park District and a permit from IDOT, Division of Water
Resources be obtained for protection of the floodway,
NOW, THEREFORE , BE IT ORDAINED BY THE PRESIDE-_rT A-ND BOARD
OF TRUSTEES VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES ,
ILLINOIS , that :
Section I
Sub-section 5 of Section 18 . 12 . 100 of the Buffalo Grove
Municipal Code is hereby amended by adding the following:
The 100 ' floodway width established from the center
line of Buffalo Creek shall not apply to Emmerich
Park East (being a property acquired by the Buffalo Grove
Park District and paid for by General Obligation Bonds
authorized by public referendum) provided necessary permits
are obtained from the Illinois Department of Transportation,
and the Army Corps of 'Engineers , if applicable .
Section II
Any violations of the provisions of this title shall be
punished according to the provisions of Section 1 . 08. 010 of the
Buffalo Grove Municipal Code.
Section III
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AYES : 4 -,,-Mar ientha I , O ' Rei11y, Hartstein, President Clayton
NAYES : 0 - None
ABSENT : 2 - Stone, Gerschefske
AB S TA I N: =° c hwa r t z _. .. ...-... _-.
PASSED: October 19 1981
APPROVED :_- October 19 1981
PUBLISHED: October 22 1981
ell
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VILLAGE PREE DENT
ATTEST:
V LLAGE CLERK