O-593-88 07/11/88• •
ORDINANCE NO.
5q3
AN ORDINANCE REGULATING DEVELOPMENT
IN SPECIAL FLOOD HAZARD AREAS
Be it ordained by the Board of Trustees of the Village of Lemont, Illinois,
as follows:
Sectionl. Purpose. This ordinance is enacted pursuant to the police powers
granted to this Village by Illinois Revised Statutes, Chapter 24, Section 1 -2 -1,
11- 12 -12, 11 -30 -2, 11 -30 -8, and 11 -31 -2 in order to accomplish the following
purposes:
a. to prevent unwise development from increasing flood or drainage hazards
to others;
b. to protect new buildings and major improvements to builders from flood
damage;
c. to protect human life and health from the hazards of flooding;
d. to lessen the burden on the taxpayer for flood control projects, repairs
to flood- damaged public facilities and utilities, and flood rescue and
relief operations;
e. to maintain property values and a stable tax base by minimizing the potential
for creating flood blighted areas; and
f. to make federally subsidized flood insurance available for property in
the Village by fulfilling the requirements of the National Flood Insurance
Program.
Section 2. Definitions. For the purposes of this ordinance, the following
definitions 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 5 of this ordinance.
c. "SFHA" or "Special Flood Hazard Area" means: those lands within the
jurisdiction of the Village that are subject to inundation by the base
flood. The SFHA's of the Village are generally identified as such on
the Flood Insurance Rate Map of the Village prepared by the Federal Emergency
Management Agency and dated August 4, 1988. The SFHA's of those parts
of unincorporated Cook County and Dupage County that are within the extrater-
ritorial jurisdiction of the Village or that may be annexed into the
Village are generally identified as such on the Flood Insurance Rate
Map prepared for Cook County and Dupage County by the Federal Emergency
Management Agency.
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d. "Riverine SFHA" means: any SFHA subject to flooding from a river, creek,
intermittent stream, ditch or any other identified channel. This term
does not include areas subject to flooding from lakes (except public
bodies of water), ponding areas, areas of sheet flow, or other areas
not subject to overbank flooding.
e. "Floodway" means: That portion of the SFHA required to store and convey
the base flood. The floodway for the SFHA's of Tributary A shall be
as delineated on the Flood Insurance Rate Map prepared by the Federal
Emergency Management Agency and dated August 4, 1988. The floodway for
each of the remaining SFHA's of the Village shall be according to the
best data available to the Illinois State Water Survey Floodplain Infor-
mation Repository.
f. "FPE" or "Flood Protection Elevation" means" the elevation of the base
flood plus one foot at any given location in the SFHA.
g-
"Development" means: any man -made change to real estate, including:
1. construction, reconstruction, or placement of a building or any addition
to a building valued at more that $1,000;
2. installing a manufactured home on a site, preparing a site for a
manufactured home or installing a travel trailer on a site for more
that 180 days;
3. installing utilities, construction of roads, or similar projects;
4. construction or erection of levees, walls, fences, bridges or culverts;
5. drilling, mining, filling, dredging, grading, excavating, or other
nonagricultural alterations of the ground surface;
6. storage of materials; or
7. any other activity that might change the direction, height, or velocity
of flood or surface waters.
"Development" does not inlclude maintenance or existing buildings and
facilities such as re- roofing; re- surfacing roads; or gardening, plowing,
and similar agricultural practices that do not involve filling, grading,
or construction of levees.
h. "Building" means: a structure that is principally above ground and is
enclosed by walls and a roof. The term includes a gas or liquid storage
tank, a manufactured home, or a prefabricated building. The term also
includes recreational vehicles and travel trailers to be installed on
a site for more than 180 days.
Section 3. Office of Building Official. There is hereby created the Office
of Building Official of the Village of Lemont, an administrative office of
the Village. The Office shall be filled by appointment of a person educated,
trained or experienced in construction practices or by contract with another
governmental inspection agency. The appointment or contract shall be made
by the Village President, subject to the approval of the Village Board of
Trustees.
•
Section 4. Duties of the Building Official. The Building Official shall
be responsible for the general administration and enforcement of this ordinance,
including but not limited to the following duties:
a. Ensure that all development activities within the SFHA's of the juris-
diction of the Village meet the requirements of this ordinance.
b. Provide information and assistance to citizens upon request about permit
procedures and floodplain construction techniques.
c. Ensure that construction authorization has been granted by the Illinois
Department of Transportation, Division of Water Resources for all develop-
ment projects subject to Section 14 of this ordinance, and maintain a
record of such authorization.
d. Maintain a record of the "as built" elevation of the lowest floor (including
basement) of all buildings subject to Section 15 of this ordinance.
e. Maintain a record of the engineer's certificate and the "as built" flood -
proofed elevation of all buildings subject to Section 15.d of this ordinance.
f. Inspect all development projects to ensure they comply with the provisions
of this ordinance.
g. Cooperate with state and federal floodplain management agencies to improve
base flood and floodway data and to improve the administration of this
ordinance. Submit reports as required for the National Flood Insurance
Program.
h. Maintain for public inspection and furnish upon request base flood data,
SFHA maps, copies of federal or state permit documents, and "as built"
elevation and floodproofing data for all buildings constructed subject
to this ordinance.
Section 5. Base Flood Elevation. This ordinance's protection standard is
the base flood. The best available base flood data are listed below. Whenever
a party disagrees with the best available data, the party may finance the
detailed engineering study needed to replace existing data with better data
and submit it to the State Water Survey and the Federal Emergency Management
Agency.
a. The base blood elevation for the SFHA's of Tributary A shall be as delineated
on the 100 year flood profiles in the Flood Insurance Study of the Village
prepared by the Federal Emergency Management Agency and dated August
4, 1988.
b. The base flood elevation for each SFHA delineated as an "AH Zone" or
"AO Zone" shall be that elevation (or depth) delineated on the Flood
Insurance Rate Map of the Village.
c. The base flood elevation for each of the remaining SFHA's delineated
as an unnumbered "A Zone" on the Flood Insurance Rate Map of the Village
shall be according to the best data available to the Illinois State Water
Survey Floodplain Information Repository. When no base flood elevation
exists, the base flood elevation shall be the 100 year flood depth calculated
according to the formulas presented in Depth & Frequency of Floods in
Illinois published by the U.S. Geological Survey, 1976.
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d. The base flood elevation for the SFHA's of those parts of unincorporated
Cook County and Dupage County that are within the extraterritorial juris-
diction of the Village or that may be annexed into the City shall be
as delineated on the 100 year profiles in the Flood Insurance Study of
Cook county and Dupage County prepared by the Federal Emergency Management
Agency.
Section 6. 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 Building Official.
The Building Official shall not issue a development permit if the proposed
development does not meet the requirements of this ordinance.
a. The application for a development permit shall be accompanied by drawings
of the site, drawn to scale showing property line dimensions; existing
grade elevations and all changes in grade resulting from excavation of
filling; the location and dimensions of all buildings and additions to
buildings; and the elevation of the lowest floor (including basement)
of all proposed buildings subject to the requirements of Section 15 of
this ordinance.
b. Upon receipt of an application for a development permit, the Building
Official shall compare the elevation of the site to the base flood elevation.
Any development located on land that can be shown to have been higher
that the base flood elevation as of the date of the site's first Flood
Insurance Rate Map (FIRM) identification, is not located in the SFHA
and therefore not subject to the requirements of this ordinance. The
Building Official 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 FIRM identification.
c. The Building Official 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 Building Official shall not issue the
development permit unless all required federal and state permits have
been obtained.
Section 7. Use Permits. It shall be unlawful to use or occupy and buildings
or any development site or any part thereof hereafter construction in the
SFHA without first making application for obtaining a use permit from the
Building Official. Request for a use permit shall be submitted to the Building
Official upon completion of the work authorized in the development permit
issued for the project in question. If, upon final inspection of a building
or development site, the Building Official finds that the work has been performed
in accordance with the approved application and plans of the development
permit, a use permit may be issued. If final inspection reveals otherwise,
a use permit may not be issued until all deficiencies are corrected.
Section 8. Permit Review. The Building Official shall examine each application
for a permit within three days time after filing. If, after examination,
it appears that the proposed development or use of the site will be in compliance
with this ordinance and such other ordinances and resolutions passed by the
Board of Trustees applicable thereto, the Building Official shall approve
such application and issue the appropriate permit as soon as practicable.
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If the examination reveals otherwise, the application shall be rejected and
the Building Official's findings shall be noted in a written report to be
attached to the application. A copy of the report shall be provided to the
applicant upon request.
Section 9. Development Permit Requirements.
a. All work performed under a development permit shall conform to the approved
application and plans, and approved amendments thereto.
b. A copy of the development permit shall be posted in a conspicuous place
on the premises, in plain view from a public road, during the execution
of the work and until completion of the same.
c. A development permit under which no work is commenced within six (6)
months after issuance shall expire by limitation and a new development
permit shall be secured before work is started.
Section 10. Consent for Inspections. All work for which a permit is required
shall be subject to inspection by the Building Official or duly authorized
representative. It shall be unlawful to refuse to permit the Building Official
or the representative to enter such premises or structure at any reasonable
time to make an inspection. It shall be unlawful to interfere with or hinder
the Building Official or the representative when in the performance of their
duties.
Section 11. Revocation of a permit. The Building Official may revoke a
permit in case there has been any false statement or misrepresentatmon as
to a material fact in the application or plans on which the permit was based.
The Building Official may revoke a permit when work is performed contrary
to the provisions of the application or plans on which the permit is based.
When a permit is revoked, the Building Official shall inform the permittee
in writing of the specific steps the permittee must take in order to have
the permit reissued. It shall be unlawful to continue any work authorized
by a permit after revocation of that permit and until the permit is reissued
or until a new permit is issued.
Section 12. Completion of Work Heretofore Authorized. Nothing in this ordinance
shall require changes in the plans, construction or designated use of a building
or other development project or portion thereof which has been otherwise
lawfully authorized, or the construction of which shall have been actually
begun and which entire building or development project shall be completed
within one year of the effective date of this ordinance.
Section 13. Fees. Fees for permits shall be as follows:
a. For a use permit: No Fee.
b. For a development permit for clearing debris, demolishing buildings,
or removing buildings out of the SFHA: No Fee.
c. For construction of a building valued at more that $100,000: $100.00.
d. For construction or reconstruction of a building valued at less than
$100,000 and for any other development project that requires three site
inspections by the Building Official: $75.00.
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e. For inprovements made to an existing building, for installing a manufactured
home on a permanent site, and for any other development project: $50.00.
Section 14. Preventing Increased Damages. No development in the SFHA shall
create a damaging or potentially damaging increase in flood heights or velocity
or threat to public health and safety.
a. Within the floodway identified on the .Flood Insurance Rate Map
the following standards shall apply.
1. Except as provided in Section 14.a (2), no development shall be allowed
which acting in combination with existing or future similar works,
will cause any increase in the base flood elevation. The specific
development activities identified in Section 14.b (2) shall be considered
as meeting this requirement.
2. No increase in the base flood elevation may be permitted unless:
a. the total cumulative effect on the proposed development, when
combined with all other existing and anticipated development,
will not increase the base flood elevation more than 1.0 foot
for the affected hydraulic reach of the stream and will not increase
flood damages or potential flood damages;
b. a permit has been issued by the Illinois Department of Transportation,
Division of Water Resources as required in Section 14.b (1);
and
c. for all projects involving channel modifications or fill (including
levees), the Village shall submit sufficient data to the Federal
Emergency Management Agency to revise the regulatory flood data.
b. Within all other riverine SFHA's the following standards shall apply:
1. In addition to the other requirements of this ordinance, a development
permit for a site located in a floodway (or in a riverine SFHA where
no floodway has been identified) shall not be issued unless the applicant
first obtains a permit or written documentation that a permit is
not required from the Illinois Department of Transportation, Division
of Water Resources, issued pursuant to Illinois Revised Statutes,
Chapter 19, Section 52 et. seq.
2. The following activities may be constructed without the individual
permit required in subsection 14.b (1) in accordance with Statewide
Permits issued by the Illinois Department of Transportation, Division
of Water Resources, provided the activities do not involve placement
of fill, change of grade, or construction in the normal channel.
Such activities must still meet the other requirements of this ordinance.
a. the construction of wells, septic tanks, and underground utility
lines not crossing a lake or stream;
b. the construction of light poles, sign posts and similar structures;
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c. The construction of sidewalks, driveways, athletic fields (ex-
cluding fences), patios and similar surfaces which are built
at grade;
d. the construction of properly anchored, unwalled, open structures
such as playground equipment, pavilions, and carports;
e. the placement of properly anchored buildings not exceeding seventy
(70) square feet in size, nor ten (10) feet in any dimension
(e.g. animal shelters and tool sheds); and
f. the construction of additions to existing buildings which do
not increase the first floor area by more than twenty (20) percent,
which are located on the upstream or 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 water.
3. The total cumulative effect of the proposed development when combined
with all other existing and anticipated development, will not increase
the base flood elevation more than 1.0 foot for the affected hydraulic
reach of the stream and will not increase flood damage or potential
flood damage.
c. Public health standards in all SFHA's.
1. 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 subsection 15.d of this ordinance.
2. New and replacement 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 15. Protecting Buildings. In addition to the damage prevention
requirements of Section 14, all buildings to be located in the SFHA shall
be protected from flood damage below the FPE. This building protection require-
ment applies to the following situations:
1. construction or placement of a new building valued at more than $1,000.
2. Structural alterations made to an existing building that increase
the floor area by more than 20%, or the market value of the building
by more than 50%;
3. reconstruction or repairs made to a damaged building that are valued
at more than 50% of the market value of the building before the damage
occurred;
4. installing a manufactured home on a new site or a new manufactured
home on an existing site. This ordinance does not apply to returning
a manufactured home to the same site it lawfully occupied before
it was removed to avoid flood damage; and
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5. installing a travel trailer on a site for more than 180 days.
This building protection requirement may be met by one of the following methods.
The Building Official shall maintain a record of compliance with these building
protection standards as required in Section 4 of this ordinance.
a. A residential or nonresidential building may be constructed on a permanent
land fill in accordance with the following:
1. The fill shall be placed in layers no greater than 1 foot deep before
compaction.
2. The lowest floor (including basement) shall be at or above the FPE.
The fill should extend at least ten feet beyond the foundation of
the building before sloping below the FPE.
3. The fill shall be protected against erosion and scour during flooding
by vegetative cover, rip rap, or bulkheading. If vegetative cover
is used, the slopes shall be no steeper than 3 horizontal to 1 vertical.
4. The fill shall not adversely affect the flow of surface drainage
from or onto neighboring properties.
b. A residential or nonresidential building may be elevated in accordance
with the following:
1. The building or improvements shall be elevated on crawl space, walls,
stilts, piles, or other foundation provided:
a. the walls have permanent openings no more than one foot above
grade; and
b. the walls and floor are not subject to damage by hydrostatic
pressures associated with the base flood.
2. The foundation and supporting members shall be anchored and aligned
in relation to flood flows and adjacent structures so as to minimize
exposure to known hydrodynamic forces such as currents, waves, ice,
and floating debris.
3. All areas below the FPE shall be constructed of materials resistant
to flood damage. The lowest floor (including basement) and all electrical,
heating, ventilating, plumbing, and air conditioning equipment and
utility meters shall be located at or above the FPE. Water and sewer
pipes, electrical and telephone lines, submersible pumps, and other
waterproofed service facilities may be located below the FPE.
c. Manufactured homes and travel trailers to be installed on a site for
more than 180 days shall be:
1. elevated at or above the FPE in accordance with Section 15.a or b
and
2. anchored to resist flotation, collapse, or lateral movement by being
tied -down in accordance with the Rules and Regulations for the Illinois
Mobile Home Tie -Down Act issued pursuant to Illinois Revised Statutes,
Chapter 111 Sections 4401 -4406.
d. Only a non - residential building may be floodproofed in accordance with
the following:
1. A Registered Professional Engineer shall certify that the building
has been designed so that below the FPE, the structure and attendant
utility facilities are watertight and capable 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.
2. Floodproofing measures shall be operable without human intervention
and without an outside source of electricity.
Section 16. Other Development Requirements. The Board of Trustees shall
take into account flood hazards, to the extent that they are known, in all
official actions related to land management, use and development.
a. New Subdivision, manufactured home parks, travel trailer parks, annexation
agreements, planned unit development (PUDs) and additions to manufactured
home parks and subdivisions shall meet the requirements of Section 14
and 15 of this ordinance. Plats or plans for new subdivisions, manufactured
home parks, and planned unit development (PUDs) shall inlclude a signed
statement by a Registed Professional Engineer that the plat or plan accounts
for changes in the drainage of surface waters in accordance with the
Plat Act (Illinois Revised Statutes, Chapter 109, Section 2).
b. Proposals for new subdivisions, manufactured home parks, travel trailer
parks, planned unit development (PUDs) and additions to manufactured
home parks and subdivisions shall include base flood elevation data and
floodway delineations. Where this information is not available from
an existing study filed with the Illinois State Water Survey, the applicant
shall be responsible for calculating the base flood elevation and the
floodway delineation and submitting it to the State Water Survey for
review and approval as best available regulatory data.
Section 17. 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 Board of Trustees. The Board of Trustees may attach such conditions
to granting of a variance as it deems necessary to further the intent of
this ordinance.
a. No variance shall be granted unless the applicant demonstrates that:
1. the development activity cannot be located outside the SFHA;
2. an exceptional hardship would result if the variance were not granted;
3. the relief requested is the minimum necessary;
4. there will be no additional threat to public health or safety or
creation of a nuisance;
•
5. there will be no additional public expense for flood protection,
rescue or relief operations, policing, or repairs to roads, utilities,
or other public facilities;
6. the provisions of subsection 6.c. of this ordinance are met; and
7. the provisions of subsection 14.a. of this ordinance are met.
b. The Building Administrator shall notify an applicant in writing that
a variance from the requirements of Section 15 that would lessen the
degree of protection to a building will:
1. result in increased premium rates for flood insurance up to amounts
that may be as high as $25 for $100 of insurance coverage:
2. increase the risks to life and property; and
3. require that the applicant proceed with knowledge of these risks
and that the applicant acknowledge in writing the assumption of the
risk and liability.
c. Variances to the building protection requirements of Section 15 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 17.a.1 -5.
Section 18. Disclaimer 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 SFHA will be free from flooding or damage. This
ordinance does not create liability on the part of the Village or any officer
or employee thereof for any flood damage that results from reliance on this
ordinance or any administrative decision made lawfully thereunder.
Section 19. 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 ordinance.
Upon due investigation the Village Attorney may determine that a violation
of the minimum standards of this ordinance exist. The Village Attorney shall
notify the owner in writing of such violation.
a. If such owner fails after ten days notice to correct the violation:
1. The Village may 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.
2. Any person who violates this ordinance shall upon conviction thereof
be fined not less than twenty -five dollars ($25.00) nor more than
two hundred dollars ($200.00).
3. A separate offense shall be deemed committed upon each day during
or on which a violation occurs or continues.
b. The Village Attorney 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.
Section 20. Abrogation and Greater Restrictions. This ordinance repeals
and replaces other ordinances adopted by the Board of Trustees to fulfill
the requirements of the National Flood Insurance Program including: Ordinance
#524. 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 restric-
tions. Where this ordinance and other ordinance easements, covenants or
deed restrictions conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
Section 21. Separability. The 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 22. 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 AND APPROVED BY THE BOARD 0 �R�USSTE,ES OF THE VILLAGE OF LEMONT,
ILLINOIS, this 4/ day of`.� , 1988.
APPROVED BY ME this // day of
Attest:
CHARLENE M. SMOLLEN, VILLAGE CLERK
988.
t4 / :-
. NELSON, VILLAGE PRESID T
arlene M. Smollen, Clerk