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HomeMy WebLinkAboutOrdinance #1684ORDINANCE NO. 1684 AN ORDINANCE REGULATING DEVELOPMENT IN FLOODPLAIN AREAS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON, Illinois as follows: Section 1. Purpose. This ordinance is enacted pursuant to the police powers granted to this City by the Illinois Municipal Code (65 IL. Compiled Statutes 5/1-2-1, 5/11-12-12, 5/11-30-2, 5/11-30-8; and, 5/11-31-2) in order to accomplish the following purposes: a. to prevent unwise developments from increasing flood or drainage hazards to others; b. to protect new buildings and major improvements to buildings from flood damage; c. to promote and protect the public health, safety, and general welfare of the citizens from the hazards of flooding; d. to lessen the burden on the taxpayer for flood control, repairs to public facilities and utilities, and flood rescue and relief operations; e. to maintain property values and a stable tax base by minimising the potential for creating blighted areas; and, f. to make federally subsidized flood insurance available. Section 2. Definitions. For the purposes of this ordinance, the following definitions are adopted: a. "Base Flood" The flood having aone-percent probability of being equaled 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 3 of this ordinance. b. "Base Flood Elevation" (BFE) The elevation in relation to mean sea level of the crest of the base flood. c. "Building" A structure that is principally above ground and is enclosed by walls and a roof including manufactured homes and prefabricated buildings. T'he term also includes recreational vehicles and travel trailers to be installed on a site for more than 180 days. d. "Development" Any man-made change to real estate including, but not necessarily limited to: i. construction, reconstruction, or placement of a building, or any addition to a building, exceeding 70 square feet in floor area; ii. substantial improvement of an existing building; iii. installation of 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; iv. installation of utilities, construction of roads, bridges, culverts or similar projects; v. construction or erection of levees, dams, walls, or fences; vi. drilling, mining, filling, dredging, excavating, paving, or other alterations of the ground surface; vii. storage of materials including the placement of gas and liquid storage tanks; and, viii. channel modification or any other activity that might change the direction, height, or velocity of flood or surface waters. "Development" does not include maintenance of existing buildings and facilities; resurfacing roads; or gardening, plowing, and similar practices that do not involve filling, grading, or construction of levees. e. "FEMA" Federal Emergency Management Agency. f. "Flood" A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow, the unusual and rapid accumulation, or the runoffof surface waters from any source. g. "Flood Fringe" That portion of the floodplain outside of the regulatory floodway. h. "Flood Insurance Rate Map" A map prepared by the Federal Emergency Management Agency that depicts the floodplain or special flood hazard area (SFHA) within a community. i. "Floodplain" and "Special Flood Hazard Area (SFHA)" are synonymous. Those lands within the jurisdiction of the city that are subject to inundation by the base flood. The floodplains of the city are generally identified as such on the Flood Insurance Rate Map of the city prepared by the Federal Emergency Management `~~ Agency and dated , Juty 3 , ~~~. The floodplains of those parts of unincorporated Fulton County that are within the extraterritorial jurisdiction of the city or that may be annexed into the city are generally identified as such on the Flood Insurance Rate Map prepared for Fulton County by the Federal Emergency . i~ ao Management Agency and dated March 19, 1990. j. "Floodproofing" Any combination of structural or nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate, property and their contents. k. "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. 1. "Flood Protection Elevation" or "FPE" The elevation of the base flood plus one foot of freeboard at any given location in the floodplain. m. "Floodway" That portion of the floodplain required to store and convey the base flood. The floodways for each of the floodplains of the city shall be according to the best data available from Federal, State, or other sources. n. "IDNR/OWR" Illinois Department of Natural Resources/Office of Water Resources. o. "Manufactured Home" A structure transportable in one or more sections, that is built on a permanent chassis and is designed to be used with or without a permanent foundation when connected to required utilities. p. `mTFIP" National Flood Insurance Program. q. "SFHA" See definition of floodplain. r. "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. "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 the Illinois Register of Historic Places. s. "Travel Trailer" (or Recreational Vehicle) A vehicle which is: i. built on a single chassis; ii. 400 squaze feet or less in size; iii. designed to beself-propelled or permanently towable by a light duty truck; and, iv. designed primazily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. Section 3. Base Flood Elevation. This ordinance's protection standazd is the base flood. The best available base flood data are listed below. Whenever a party disagrees with the best available data, the party may finance the detailed engineering study needed to replace the existing data with better data and submit it to the Federal Emergency Management Agency for approval. a. The base flood elevation for each of the floodplains delineated as an "A Zone" on the Flood Insurance Rate Map of the City shall be according to the best data available from federal, state and other sources. Should no other data exist, an engineering study may be financed to determine base flood elevations. b. The base flood elevation for the floodplains of those parts of unincorporated Fulton County that are within the extraterritorial jurisdiction of the city, or that may be annexed into the city, shall be as delineated on the 100-yeaz flood profiles of the Flood Insurance Study of Fulton County prepared by the Federal Emergency Management Agency and dated Marcn 19 , 1990 . Section 4. Duties of the Building Officer The Building Officer shall be responsible for the general administration of this ordinance and ensure that all development activities within the floodplains under the jurisdiction of the city meet the requirements of this ordinance. Specifically, the Building Officer shall: a. Process development permits in accordance with Section 5; b. Ensure that all development in the floodway (or a floodplain with no delineated floodway) meets the damage prevention requirements of Section 6: c. Ensure that the building protection requirements for all buildings subject to Section 7 are met and maintain a record of the "as-built" elevation of the lowest floor (including basement) or floodproof certificate. d. Assure that all subdivisions and annexations meet the requirements of Section 8; e. If a variance is requested, ensure that the requirements of Section 9 are met and maintain documentation of any variances granted; f. Inspect all development projects and take any and all actions outlined in Section 11 as necessary to ensure compliance with this ordinance; g. Assure that applicants are aware of and obtain any and all other required local, state, and federal permits; h. Notify IDNR/OWR and any neighboring communities prior to alteration or relocation of a watercourse; i. Provide information and assistance to citizens upon request about permit procedures and floodplain construction techniques; j. Cooperate with state and federal floodplain management agencies to coordinate base flood data and to improve the administration of this ordinance; and, k. Maintain for public inspection base flood data, floodplain maps, copies of state and federal permits, and documentation of compliance for development activities subject to this ordinance. Section 5. Development Permit No person, firm, corporation or governmental body not exempted by state law shall commence any development in the floodplain without first obtaining a development permit from the Building Officer. The Building Officer shall not issue a development permit if the proposed development does not meet the requirements of this ordinance. a. The application for development permit shall be accompanied by: i. Drawings of the site, drawn to scale showing property line dimensions; ii. Existing grade elevations and all changes in grade resulting from excavation or filling-, iii. the location and dimensions of all buildings and additions to buildings; and, iv. the elevation of the lowest flood (including basement) of all proposed buildings subject to the requirements of Section 7 of this ordinance. b. Upon receipt of an application for a development permit, the Building Officer shall compare the elevation of the site to the base flood elevation. Any development located on land that can be shown by survey data to have been higher than the base flood elevation as of the date of the site's first Flood Insurance Rate Map identified is not in the floodplain and therefore not subject to the requirements of this ordinance. The Building Officer 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 6. Preventing Increased Flood Heights and Resulting Dama ems. Within the city's floodplains, the following standards shall apply: a. except as provided in Section 6b, no development shall be allowed which, acting in combination with existing and anticipated development, will cause any increase in flood heights or velocities or threat to public health and safety. The following specific development activities shall be considered as meeting this requirement: i. Aerial utility crossings meeting the conditions of IDNR/OWR Statewide Permit No. 4; ii. Minor, non-obstructive activities meeting the conditions of IDNR/OWR Statewide Permit No. 6; iii. Outfall structures and drainage ditch outlets meeting the conditions of IDNR/OWR Statewide Permit No. 7; iv. Underground pipeline and utility crossings meeting the conditions of IDNR/OWR Statewide Permit No. 8; v. Bank stabilization projects meeting the conditions of IDNR/OWR Statewide Permit No. 9; vi. Accessory structures and additions to existing residential buildings meeting the conditions of IDNR/OWR Statewide Permit No. 10; vii. Minor maintenance dredging activities meeting the conditions of IDNR/OWR Statewide Permit No. 11; and, viii. Any development determined by IDNR/OWR to be located entirely in a flood fringe area. c. Other development activities not listed in (a) may be permitted only if: i. A permit has been issued for the work by IDNR/OWR (or written documentation is provided that an IDNR/OWR permit is not required); and, ii. Sufficient data has been provided to FEMA when necessary, and approval obtained from FEMA for a revision of the regulatory map and base flood elevation. Section 7. Protecting Buildings. a. In addition to the damage prevention requirements of Section 6, all buildings to be located in the floodplain shall be protected from flood damage below the flood protection elevation. This building protection requirement applies to the following situations: i. construction or placement of a new building valued at more than $1,000; ii. substantial improvements made to an existing building; iii. structural alterations made to an existing building that increase the floor area by more than 20% iv. installing a manufactured home on a new site or a new manufactured home on an existing site (the building protection requirements do not apply to returning a manufactured home to the same site it lawfully occupied before it was removed to avoid flood damage); and, v. installing a travel trailer on a site for more than 180 days. Residential or non-residential buildings can meet the building protection requirements by one of the following methods: i. The building may be constructed on permanent land fill in accordance with the following: (1) the lowest floor (including basement) shall be at or above the flood protection elevation; (2) the fill shall be placed in layers no greater than one foot before compaction and should extend at least ten feet beyond the foundation before sloping below the flood protection elevation; (3) the fill shall be protected against erosion and scour during flooding by vegetative cover, riprap, or other structural measure; (4) the fill shall be composed of rock or soil and not incorporate debris or refuse materials; and, (5) the fill shall not adversely affect the flow of surface drainage from or onto neighboring properties and when necessary, stormwater management techniques such as swales or basins shall be incorporated; or, ii. The building may be elevated in accordance with the following: (1) The building or improvements shall be elevated on stilts, piles, walls, or other foundation that is permanently open to flood waters; (2) The lowest floor and all electrical, heating, ventilating, plumbing, and air conditioning equipment and utility meters shall be located at or above the flood protection elevation; (3) If walls are used, all enclosed areas below the flood protection elevation shall address hydrostatic pressures by allowing the automatic entry and exit of flood waters. Designs must either be certified by a registered professional engineer or by having a minimum of one permanent openings on each wall no more than one foot above grade. The openings shall provide 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; (4) The foundation and supporting members shall be anchored and aligned in relation to flood flows and adjoining structures so as to minimise exposure to hydrodynamic forces such as current, waves, ice and floating debris; (5) The finished grade shall not be less than the finished exterior grade; (6) All structural components below the flood protection elevation shall be constructed of materials resistant to flood damage; (7) Water and sewer pipes, electrical and telephone lines, submersible pumps, and other service facilities may be located below the flood protection elevation provided they are waterproofed; and, (8) The area below the flood protection elevation shall be used solely for parking or building access and not occupied as habitable space. c. Manufactured homes, or travel trailers to be installed on site for more than 180 days, shall be: iii. elevated to or above the flood protection elevation; and, iv. shall be anchored to resist flotation, collapse, or lateral movement by being tied down in accordance with the Rules and Regulations for the Illinois Mobile Home Tie-Down Act issued pursuant to 77 IL Adm. Code 870. d. Non-residential buildings may be structurally dry floodproofed (in lieu of elevation) provided a registered professional engineer or architect certifies that: i. below the flood protection elevation the structure and attendant utility facilities are watertight and capable of resisting the effects of the base flood; ii. the building design accounts for flood velocities, duration, rate of rise, hydrostatic and hydrodynamic forces, the effects of buoyancy, and the impact from debris and ice; and, iii. floodproofing measures will be incorporated into the building design and operable without human intervention and without an outside source of electricity. Levees, berms, floodwalls and similar works are not considered floodproofing for the purpose of this subsection. Section 8. Subdivision and 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, manufactured home parks, annexation agreements, planned unit developments, and additions to manufactured home parks and subdivisions shall meet the damage prevention and building protection standards of Section 6 and 7 of this ordinance. Any proposal for such development shall include the following data: i. the base flood elevation and the boundary of the floodplain (where the base flood elevation is not available from an existing study, the applicant shall be responsible for calculating the base flood elevation); ii. the boundary of the floodway when applicable; and, iii. a signed statement by a Registered Professional Engineer that the proposed plat or plan accounts for changes in the drainage of surface waters in accordance with the Plat Act (765 IL Compiled Statutes 205/2). b. Public health standards must be met for all floodplain development. In addition to the requirements of Sections 6 and 7, the following standards apply: i. No development in the floodplain shall include locating or storing chemicals, explosives, buoyant materials, flammable liquids, pollutants, or other hazardous or toxic materials below the flood protection elevation unless such materials are stored in a storage tank or floodproofed building constructed according to the requirements of Section 7 of this ordinance. ii. Public utilities and facilities such as sewer, gas, and electric shall be located and constructed to nununize or eliminate flood damage; iii. Public sanitary sewer systems and water supply systems shall be located and constructed to minunize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters; iv. New and replacement on-site sanitary sewer lines or waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding. Manholes or other above ground openings located below the flood protection elevation shall be watertight. c. All other activities defined as development shall be designed so as not to alter flood flows or increase potential flood damages. Section 9. Variances. Whenever the standards of this ordinance place undue hardship on a specific development proposal, the applicant may apply to the Zoning Board of Appeals for a variance. The Zoning Board of Appeals shall review the applicant's request for a variance and shall submit its recommendation to the city council. The city council may attach such conditions to granting of a variance as it deems necessary to further the intent of this ordinance. a. No variance shall be granted unless the applicant demonstrates that: i. the development activity cannot be located outside the floodplain. ii. An exceptional 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 creation of a nuisance; v. There will be no additional public expense for flood protection, rescue or relief operations, policing, or repairs to roads, utilities, or other public facilities; vi. The applicant's circumstances are unique and do not establish a pattern inconsistent with the intent of the NFIP; and, vii. All other required state and federal permits have been obtained. b. The Zoning Board of Appeals shall notify an applicant in writing that a variance from the requirements of the building protection standazds 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 $25 for $100 of insurance coverage; ii. increase the risks to life and property; and, iii. require that the applicant proceed with knowledge of these risks and that the applicant acknowledge in writing the assumption of the risk and liability. c. Vaziances to the building protection requirements of Section 7 of this Ordinance requested in connection with the reconstruction, repair or alteration of a site or building included on the National Register of Historic Places or the Illinois Register of Historic Places may be granted using criteria more permissive than the requirements of Subsection 9 (a)(i-v). Section 10. Disclaimer of Liability. The degree of 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. Lazger 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 floodplain will be free from flooding or damage. This ordinance does not create liability on the part of the city or any officer or employee thereof for any flood damage that results from proper reliance on this ordinance or any administrative decision made lawfully thereunder. Section 11. Penalty: Failure to obtain a permit for development in the floodplain or failure to comply with the conditions of a permit or a variance shall be a violation of this ordinance. Upon due investigation, the Building Officer may determine that a violation of the minimum standards of this ordinance exists. The Building Officer shall notify the owner in writing of such violation. a. If such owner fails after ten days notice to correct the violation: The City shall make application to the circuit court for an injunction requiring conformance with this ordinance or make such other order as the court deems necessary to secure compliance with the ordinance; ii. Any person who violates this ordinance shall upon conviction thereof be fined not less than twenty-five dollazs ($25.00) nor more than two-hundred dollazs ($200.00); and, iii. A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. b. The Building Official 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 city from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible. Section 12. Abrogation and Greater Restrictions. This ordinance repeals and replaces other ordinances adopted by the city council to fulfill the requirements of the National Flood Insurance Program including: Ordinance #1062, dated May 21, 1985. However, this ordinance does not repeal the original resolution or ordinance adopted to achieve eligibility in the program. Nor does this ordinance repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Where this ordinance and other ordinance easements, covenants, or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail. Section 13. Separability. This provisions and sections of this ordinance shall be deemed separable and the invalidity of any portion of this ordinance shall not affect the validity of the remainder. 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. PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regulaz meeting this 16th day of January , 2001. AYES: ~~ Mays Shores, Meade, Nidiffer, Phillips, Sarff, Hartford, Nblleck. NAYS: None . ABSENT: None: APPROVED: ~~~ Donald E. Edwards, Mayor ATTEST: ~~ Nancy Whites,; ity Clerk.