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HomeMy WebLinkAboutOrdinance #0948 AN ORDINANCE ADOPTING REGULATIONS FOR THE CONSTRUCTION, SUBSTANTIAL IMPROVEMENT, SUBDIVISION OF LAND, PLACEMENT OF MOBILE HOMES OR OTHER DEVELOPMENT IN RELATION TO FLOOD HAZARD AREAS. ORDINANCE NO ~ g4fi AN ORDINANCE REGULATING DEVELOPMENT IN SPECIAL FLOOD HAZARD AREAS Be it ordained by the Canton City Council. as follows: SECTION 1. PURPOSE. The ordinance is enacted pursuant to the police powers granted to this City by I11. Rev. Stat., (Ch. 24, Sections 1-2-1, 11-12-12, 11-30-2, 11-30-8, and 11-31-2~n order to accomplish the following purposes: A. To prevent unwise developments from increasing the flood or drainage hazards to others; B. To protect new buildings and major improvements to buildings from flood damage; C. To protect human life and health from the hazards of flooding; D. To lessen the burden on the taxpager for flood control projects, repairs to flood damaged public facilities and utilities, and flood-rescue and relief operations; E. To maintain property values and a stable tax base by minimizing the potential for creating flood blight areas; F. To make federally subsidized flood insurance available for property~in the City; and G. To provide for the orderly growth and development of an environment that is especially sensitive to changes from human activity. SECTION 2. PROVISIONS FOR ACCOMPLISHING THE PURPOSE. All new development pro- posals in the Special. Flood Hazard Areas SFHA) shall be reviewed and approved by the City Zoning Officer. The City Zoning Officer's review is to ensure the following: A. New development will not change the flow of flood or other surface drainage waters so that other properties become more susceptible to damage; B. New development will not create special hazards or nuisances when flooded; and r • , C, flew buildings and major improvements to existing buildings will not be subject to damage by the base flood. SECTION 3. DEFINITIONS. For the purposes of this ordinance, the following defini- tions are adopted: A. "Flood" means: a general and temporary condition of inundation of normally dry land areas from the overflow, the unusual and rapid accumulation, or the runoff of surface waters from any source. B. "Base Flood" means: the flood having a one percent probability of being equalled or exceeded in any given year. The base flood is also known as the 100 year flood. The base flood elevation at any location is as defined in Section 4 of this ordinance. C. "SFHA" or "Special Flood Hazard Area" means: those lands within the juris- diction of the City that are subject to inundation by the base flood. The SFHA's of the City are generally identified as such on the Flood Hazard Boundary Map (FHBM)'of the City prepared by the Federal Insurance Administration, effective date June 4, 1976. D. "Floodway" means: that portion of the SFHA required to store and convey the base flood. If not prohibited, building or placing obstructions in a floodway will increase flood damages to other properties. E. "FPE" or "Flood Protection Elevation".means: the elevation of the.bas~ flood plus one foot at any given location in the SFHA. F. "Development" means: any man made change to real estate, including: (i) construction, reconstruction, or placement of a building or an addition to.a building valued at more than $1,000; (ii) installing a mobile home on a site or preparing a site for a mobile home; (iii) drilling, mining, installing utilities or facilities, construction of roads, bridges or similar projects valued at more than $1,000; (iv) construction or erection of levees, walls, or fences; (v) filling, dredging, grading, excavating, or other nonagricultural alterations of the ground surface; (vi) storage of materials; or (vii) any other activity that might change the direction, height, or velocity of flood or surface waters. "Development" does not include: (i) maintenance of existing buildings and facilities such as reroofing or resurfacing roads; 2 r ' ~ ~ t (ii) repairs made to a damaged building that do not change the build- ing's exterior dimensions and that are valued at less than 50% of the value of the building before the damage occurred; (iii) gardening, plowing, and similar agricultural practices that do not involve filling, grading, or construction of levees; or (iv) agricultural development activities on farms including farm residences as exempted by law. G. "Building" means: a structure that is principally above ground and is enclosed by walls and a roof. The term includes a gas or liquid storage tank in order that such tanks will be constructed to the same flood damage protection standards. The term includes a mobile home or pre- fabricated building which is affixed on a permanent site and connected to the required utilities. The term does not include recreational vehicles or travel trailers. SECTION 4. BASE FLOOD ELEVATION. This ordinance's protection standard is the base flood according to the best data available to the Illinois State Water Survey's Floodplain Information Repository. Whenever a party disagrees with the best available data, he may finance the detailed engineering study needed to replace existing data with better data and submit it to the State Water Survey. The base flood elevation for each of the SFHA's delineated as an "A Zone" on the Flood Hazard Boundary Map shall be the 100 year flood depth calculated by the Department of Energy and Natural Resources, State of Illinois, State Water Survey according to the formulas presented in Depth and Frequency of Floods in Illinois published by the U.S. Geological Survey, 1976. SECIION 5. DEVELOPMENT PERMIT. No person, firm or corporation shall commence any development in the SFHA without first obtaining a development permit from the City Zoning Officer. The Gity Zoning Officer shall not issue a development. permit if the proposed development does not meet the requirements of this ordinance. A. Application for a development permit shall be made on a form provided by the City Zoning Officer. The application shall be accompanied by drawings of the site, drawn to scale showing property line dimensions and in those parts of the site that are below the base flood elevation. (i) existing grade elevations and all changes in grade resulting from excavation or filling; (ii) the direction of flow or surface drainage and flood flows; (iii) the location of all watercourses and drainage facilities; (iv) the location and dimensions of all buildings and additions to buildings; and (v) the elevation of the lowest floor (including basement) of all buildings subject to the requirements of Section 7 of this ordinance. 3 '. ~ , B. Upon receipt of an application for a development permit, the City Zoning Officer shall compare the elevation of the site to the base flood elevation. Any development located on land higher than the base flood elevation is not in the SFHA and therefore not subject to the requirements of this ordinance. C. The City Zoning Officer shall inform the applicant of any and all other local, state, and federal permits that may be required for this type of development activity. The development permit will only be issued on the condition that the other specified permits are obtained. The City Zoning Officer shall not issue a use permit unless all required permits have been obtained. SECTION 6. PREVENTING INCREASED DAMAGES. A. No development in the SFHA shall create a damaging or potentially damaging increase in flood heights or velocity. (i) For development proposals located in an identified floodway or within, a riverine SFHA where the floodway has not yet been identi- fied, the following rule shall apply. The City Zoning Officer shall review the development plans to discern if: (a) anew obstruction to flood flows would be created; (b) the project will involve a channel crossing such as a bridge or pipeline; or ' (c) the project will modify the shape of the channel. If any of these three situations will result from the project, the applicant shall be required to obtain a permit from the Illinois Department of Transportation, Division of Water Resources, issued pursuant to Ill. Rev. Stat., Ch. 19, Sec. 70. The City Zoning Officer shall not issue a development permit unless the applicant has obtained either a Section 70 permit or a "waiver of permit required" from the Division of Water Resources. (ii) For development proposals located in a flood fringe, or in a lake- front floodplain, ponding area, area of sheet flow, or other SFHA not subject to overbank flooding from an identified channel, the requirement of this subsection 6.A. shall not apply. B. No development in the SFHA shall include locating or storing chemicals, explosives, bouyant materials, flammable liquids, pollutants, or other hazardous or toxic materials below the FPE unless such materials are stored in a storage tank or floodproofed building constructed according to the requirements of Section 7.D, of this ordinance. C. New and replacement sanitary sewer lines may be permitted providing all manholes located below the FPE are watertight. and on-site waste disposal systems or other above ground openings 4 SECTION 7. PROTECTING BUILDINGS. In addition to the damage prevention require- ments of Section 6, all buildings to be located in the SFHA shall be protected from flood damage below the FPE. This building protection requirement applies to the following situations: (i) construction or placement of a new building valued at more than $1,000; (ii) improvements made to an existing building that increase the first floor area by more than 20%; (iii) reconstruction or repairs made to a damaged building that are valued at or more than 50% of the value of the building before the damage occurred; and (iv) installing a mobile home on a new site or a new mobile home on an existing site. This building protection requirement does not apply to returning a mobile home to the same site it formerly lawfully occupied. This building protection requirement may be met by any one of the following methods: A. A building may be constructed on permanent land fill in accordance with the following: (i) The area to be filled shall be cleared of all standing trees, brush, down timber, trash, and other growth or objects unsuitable for use as foundation material. (ii) The fill shall be placed in layers no greater than one foot deep before compaction. (iii) The surface of the fill shall be at or above the FPE. The fill shall extend at least 10 feet beyond the foundation of the build- ing before sloping below the FPE. (iv) The fill shall be protected against erosion and scour during flooding by vegetative cover, rip rap, or bulkheading. If vegetative cover is used, the slopes shall be no steeper than three horizontal to one vertical. (v) The City Zoning Officer shall maintain a record of the "as built" elevation of the lowest floor of the building. B. A building may be elevated in accordance with the following: (i) The building or improvements shall be elevated on stilts, piles, walls, crawl space, or other foundation that is permanently open to flood waters and not subject to damage by hydrostatic pressures. (ii) The foundation and supporting members shall be anchored, shaped and aligned so as to minimize exposure to known hydrodynamic forces such as current, waves, and floating debris. 5 (iii) All areas below the FPE shall be constructed of materials resistant to flood damage. The bottom of the joists of the lowest floor and all utility meters shall be located at or above the FPE. (iv) The City Zoning Officer shall maintain a record of the "as built" elevation of the lowest floor. (v) IVo area below the FPE shall be used for storage of items or materials subject to flood damage unless such items or materials are declared "property not covered" by a Standard Flood Insurance Policy of the P~ational Flood Insurance Program. (vi) Any future alteration of the area below the FPE that violates the requirements of this Section 7.B. shall be deemed a violation of this ordinance. The City Zoning Officer shall inform the applicant that any such alteration is considered a willful act to increase flood damages and therefore will cause coverage by a Standard Flood Insurance Policy to be suspended. (vii) PJo mobile home may be placed on a new site located within an identified floodway. C. It is required that all mobile homes placed within Zone A on a community's FHBM shall be anchored to resist flotation, collapse, or lateral movement by providing over-the-top and frame ties to ground anchors. Specific requirements sha11 include the following: (i) Over-the-top ties be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations and mobile homes less than 50 feet long requiring tie per side. (ii) Frame ties to be provided at each corner of the home with five additional ties per side at intermediate points and mobile homes less than 50 feet long requiring four additional ties per side. (iii) All components of the anchoring system be capable of carrying a force of 4,800 pounds. (iv) Any additions to the mobile home be similarly anchored. D. Anon-residential building may be floodproofed in accordance with the following: (i) A Registered Professional Engineer shall certify that the building has been designed so that below the FPE, the structure and attendant utility facilities are water-tight and capable of resisting the affects of the base flood. The building design shall take into account flood velocities, duration, rate of rise, hydrostatic and hydrodynamic forces, the effects of buoyancy, and impacts from debris or ice. 6 (ii) Floodproofing measures shall be operable without human inter- vention and without an outside source of electricity. (iii) The City Zoning Officer shall maintain the engineer's certificate and a record of the "as built" elevation to which the building was floodproofed. SECTION 8. OTHER DEVELOPMENT REQUIREMENTS. The City Council 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, mobile home parks, and planned unit developments shall meet the requirements of Sections 6 and 7 of this ordinance. Plats or plans for new subdivisions, mobile home parks, and planned unit developments 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. 1979, Ch. 109, Par. 2). 6. Plats or plans for new subdivisions, mobile home parks, and planned unit developments shall display the following flood data: (i) The boundary of the SFHA. (ii) The boundary of the floodway, if shown on available SFHA maps. (iii) Easements of lands dedicated to the City for access for channel maintenance purposes. (iv) The FPE for each building site. 4dhere the Base Flood Elevation is not available from an existing study filed with the Illinois State Water Survey, the applicant shall be responsible for calculating the FPE and submitting it to the State Water Survey for review and approval as best available elevation data. C. Plans for the development activities to be undertaken by the City in the SFHA shall be reviewed by the City Zoning Officer to ensure that they comply with this ordinance. Except as exempted by law, no other local government shall commence any development activity in the SFHA without first obtaining a development permit from the City Zoning Officer. D. The City Zoning Officer shall take the following into considera- tion when preparing or revising the comprehensive plan, community development program, housing assistance plan, and other land use or development programs: (i) Preserving SFHA land for open space uses such as farming or recreation. (ii) Acquiring and removing frequently flooded buildings. (iii) Prohibiting hospitals, water treatment plants, natural gas storage and other critical or especially hazardous facilities from locating in the SFHA. 7 (iv) Icientif-ying the elevation.: of the f3ase Flood and past floods at entrance's to public buildings, on street signs, or other promi- nent locations. (v) Other flood hazard mitigation or floodplain management activities that could help accomplish the purposes of this ordinance. SECTION 9. VARIAII_C_ES. Whenever the standards of this ordinance place undue hardship on a specific development proposal, the applicant may apply to the City Zoning Conm-ission fora variance. The City Zoning Commission shall review tf-e applicant's request fora variance and shall submit its recon-rnendation to the City Council. A. No variance shall be granted unless the applicant demonstrates that: (i) The development activity cannot be located outside the SFHA. (ii) A substantial economic hardship would result if the variance were not granted. (iii) The relief requested is the minimum necessary. (iv) There will be no additional threat to public health or safety or creatio n of a nuisance. (v) There will be no additional public expense for flood protection, rescue o-° relief operations, policing, or repairs to roads, utilities, or other public facilities. (vi) Tarr? I~rovis ions of 5.C, of th is ordinance can still be met. E3. The City Zoning Officer shall notify an applicant in writing that a variance fr~c~nr the requirements of Section 7 that would lessen the degree of protection to a building will: (i) Result in increased premium rates for flood insurance up to. amounts as high as $25 for $100 of insurance coverage. (ii) Increase the risks to life and property. (iii) Require that the applicant proceed with knowledge of these risks and that he will acknowledge in writing that he assumes the risk and liability. C. A variance fi~om the requirements of Section 7 may be granted to permit a "rvet floodproofed" building, that is, a building to be intentionally flooded during a flood, provided: (i) flo part of such a building below the FPE may be subject to flood damage. (ii) The var°iance shall be conditioned on the contents being: (a) of materials resistant to flood damage; or (b) items declared "property not covered" by a Standard Flood Insurance Policy of the National Flood Insurance Program; or B (c) reaclily moveable to a place of protection during a flood provided there will be personnel available and adequate warning. (iii) An,y future alteration of the area below the FPE that violates the conditions of the variance shall be deemed a violation of this ordinance. The City Zoning Officer shall inform tfie applicant that any such alteration is considered a willful act to increase flood damages and therefore will cause coverage by a Standard Flood Insurance Policy to be suspended. D. Variances requested in connection with restoration of a site or building documented as worthy of preservation by the Illinois Department of Conservation may be granted using criteria more permissive than the requirements of Subsection 9.A. SECTION 10. DISCLAII.IER OF LIABILITY. The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of study. Larger, floods may occur or flood heights may be increased by man-made or natural causes. This ordinance does not imply that development either inside or outside of the SFIiA will be free from flooding or damage. This ordinance does not create liability on the part of tf~e City or any officer or employee thereof for any flood damage that results from reliance on this ordinance or any administrative decision made lawfully thereunder. SECTION__ll. PEfIALTY. The City Zoning Office r may determine upon due investigation th~it ~i violation of the minimum standards of this ordinance exist and after such o4~m er fails after 10 days notice to correct his property, the City may make application to the circuit court for an injunction requiring conformance with this ordinance or make such other order as the court sees necessary to secure compliance with the ordinance. Any person who violates this ordinance shall upon conviction thereof be fined not less than $25.00 nor more than $200.00. A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Failure to comply with the requirements of a permit or conditions of a variance resolution shall be deemed to be a violation of this ordinance. Nothing herein shall prevent the City from taking such other lawful action to prevent or remedy any violations. All costs connected tf~erea~ith shall accrue to the person or persons responsible. SECTION 12. ABROGAIIOPJ AND GREATER RESTRICTIONS. This ordinance is not intended to repeal, ~ihrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and other ordinance, ease- ment, covenant, or dead restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. SECTION 13. SEPARABILITY. The provisions and sections of this ordinance shall be deemed se~arahle and the invalidity of any portion of this ordinance shall not affect the validity of the remainder. 9 '. SECTION 14. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and approval and publication, as required by law. in pamphlet form Passed by the City Council of the City of Canton Illinois, this 2lstday of SPntPmhar , 19 82 . - City Clerk Approved by me this 2~lst day of SEptember 19 82 Mayor Attested and filed in my office this 22nd day of September 1982, ity Clerk 10 CITY OF CANTON O':I)I:A«CE N0. 948 ADOPTED BY THE CITY COUNCIL OF THE CITY OF CANTON THIS ~i ~+ DAY OF e 19~. Published in pamphlet =orm by authority of the City Council of the City of Canton, Fulton County, Illinois, this 22nd day of Sept. , 19 ~2. . STATE OF ILLINOIS, ) SS. COL'S?TY OF FULTON . ) I, the undersigned, cer=~fy that I am the duly elected and acting City Clerk of the City of Canton, Fulton County, Illinois. I further certify that o~ September 21st 19 82 the Corporate Authorities of the aforesaiu municipality passed and approved the afore- said Ordinance No. 948 entitled ADOPTING REGULATIONS FOR THE CONSTRUCTION, SUBSTANTIAL IMP ROVEMENT~IIB6I'VTSION OF LAND, MENT w:~ich provided by ics ter- ~:~a~ it should be published ii1 pa:~.~hl~.~ fo_~:-i. The pamphlet form of t^~e aforesaid Ordinance No. 948 includir~j the Ordinance and a cover s'_;=e` thereof was prepared, and a copy of such Ordinance was posted in t?^~ City Building, 210 E. Chestnut Street, Carton, Illinois , commencing on September 21st 19 82 and continuing for at least ten (10) days there=~ter. Copies of such Ordinance were also available for public in.spec=ion upon request in the Office of the Cit;• Clem:. DATED at Canton, Illir_o.s this 22nd day of September 19 82 / ~ , City '_1erk. (S EAL)