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New Ordinance 2008-2 | Saturday, April 4, 2009
ORDINANCE NO. 2008-2
AN ORDINANCE REGULATING DEVELOPMENT IN FLOODPLAIN AREAS OF THE VILLAGE OF COLFAX MUNICIPAL CODE
PASSED: MAY 5, 2006
APPROVED: MAY 5, 2008
EFFECTIVE DATE; MAY 5, 2008
PUBLISHED IN PAMPHLET FORM: MAY 5, 2008
AN ORDINANCE REGULATING DEVELOPMENT IN FLOODPLAIN AREAS
FLOOD DAMAGE PREVENTION ORDINANCE
TABLE OF CONTENTS
Section 1 Purpose
Section 2 Defmitions
Section 3 Base Flood Elevation
Section 4 Duties of the Responsible Official
Section 5 Development Permit
Section 6 Preventing Increased Flood Heights and Resulting Damages
Section 7 Protecting Buildings
A. All Buildings
B. Residential/Non-residential Buildings
C. Non-Residential
D. Manufactured Homes
E. Travel Trailers and Recreational Vehicles
F. Garages or Sheds and Other Accessory Structures
Section 8 Subdivision Requirements
Section 9 Public Health and Other Standards
Section 10 Carrying Capacity and Notification
Section 11 Variances
Section 12 Disclaimer of Liability
Section 13 Penalty
Section 14 Abrogation and Greater Restrictions
Section 15 Severability
Section 16 Effective Date
Be It Ordained by the President and the Board of Trustees of the Village of Colfax, McLean County, Illinois as follows:
Section 1. Purpose.
This ordinance is enacted pursuant to the police powers granted to this Village by the
Illinois Municipal Code (65 ILCS 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. 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. maintain property values and a stable tax base by minimizing the potential for creating blight areas;
F. make federally subsidized flood insurance available, and
G. to preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development.
Section 2. Definitions.
For the purposes of this ordinance, the following definitions are adopted:
Base flood- The flood having a one percent (1%) 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.
Base Flood Elevation (BFE)- The elevation in relation to mean sea level of the crest of the base flood.
Basement- That portion of a building having its floor sub-grade (below ground level) on all sides.
Building- A walled and roofed structure, including gas or liquid storage tank, that is principally above ground, including manufactured homes, prefabricated buildings and gas or liquid storage tanks. The term also includes recreational vehicles and travel trailers installed on a site for more than one hundred eighty (180) days per year.
Critical Facility- Any facility which is critical to the health and welfare of the population and, if flooded, would create an added dimension to the disaster. Damage to these critical facilities can impact the delivery of vital services, can cause greater damage to other sectors of the community, or can put special populations at risk.
Examples of critical facilities where flood protection should be required include: emergency services facilities (such as fire and police stations), schools, hospitals retirement homes and senior care facilities, major roads and bridges, critical utility sites (telephone switching stations or electrical transformers, and hazardous material storage facilities (chemicals, petrochemicals, hazardous or toxic substances).
Development- Any man-made change to real estate including, but not necessarily limited to:
1. Demolition, construction, reconstruction, repair, placement of a building, or any structural alteration to a building;
2. substantial improvement of an existing building;
3. 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 one hundred eighty (180) days per year;
4. installation of utilities, construction of roads, bridges, culverts or similar projects;
5. construction or erection of levees, dams walls or fences;
6. drilling, mining, filling, dredging, grading, excavating, paving, or other alterations of the ground surface;
7. storage of materials including the placement of gas and liquid storage tanks, and channel modifications or any other activity that might change the direction, height, or velocity of flood or surface waters.
"Development" does not include routine maintenance of existing buildings and facilities, resurfacing roads, or gardening, plowing, and similar practices that do not involve filing, grading, or construction of levees.
Existing Manufactured Home Park or Subdivision- A manufactured
home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed or buildings to be constructed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
Expansion to an Existing Manufactured Home Park or Subdivision- The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
FEMA- Federal Emergency Management Agency
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 runoff of surface waters from any source.
Flood Fringe- That portion of the floodplain outside of the regulatory floodway.
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. This map includes insurance rate zones and may or may not depict floodways and show base flood elevations.
Flood Insurance Study- An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations.
Floodplain and Special Flood Hazard Area (SFHA)- These two terms are synonymous. Those lands within the jurisdiction of the Village of Colfax, the extraterritorial jurisdiction of the Village of Colfax, or that may be annexed into the Village of Colfax, that are subject to inundation by the base flood. The floodplains of the Village of Colfax are generally identified as such on panel number(s) 0390 (floodplain map 170493) of the countywide Flood Insurance Rate Map of McLean County, illinois prepared by the Federal Emergency Management Agency and dated July 16,2008. Floodplain also includes those areas of known flooding as identified by the community.
The floodplains of those parts of unincorporated McLean County that are within the extraterritorial jurisdiction of the Village of Colfax or that may be annexed into the Village of Colfax are generally identified as such on the Flood Insurance Rate map prepared for McLean County by the Federal Emergency Management Agency and dated July 16, 2008.
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.
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 flood proofed to the flood protection elevation.
Flood Protection Elevation (FPE)- The elevation of the base flood plus one foot of freeboard at any given location in the floodplain.
Floodway- That portion of the floodplain required to store and convey the base flood. The floodways for each of the floodplains of the Village of Colfax, McLean County, Illinois shall be according to the best data available from Federal, State, or other sources.
Freeboard- An increment of elevation added to the base flood elevation to provide a factor of safety for uncertainties in calculations, future watershed development, unknown localized conditions, wave actions and unpredictable effects such as those caused by ice or debris jams.
Historic Structure- Any structure that is:
1. Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register.
2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historic district or a district preliminarily
determined by the Secretary to qua1if as a registered historic district.
3. Individually listed on the state inventory of historic places by the Illinois Historic Preservation Agency.
4. Individually listed on a local inventory of historic places that has been certified by the Illinois Historic Preservation Agency.
IDNIR/OWR- Illinois Department of Natural Resources/Office of Water Resources.
Lowest Floor- the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor. Provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of Section 7 of this ordinance.
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.
Manufactured Home Park or Subdivision- A parcel (or contiguous parcels) of land divided into two or more lots for rent or sale.
New Construction- Structures for which the start of construction commenced or after the effective date of floodplain management regulations adopted by a community and includes any subsequent improvements of such structures.
New Manufactured Home Park or Subdivision- A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed or buildings to be constructed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the floodplain management regulations adopted by a community.
NIFIP- National Flood Insurance Program.
Recreational Vehicle or Travel Trailer- A vehicle which is:
1. built on a single chassis;
2. four hundred (400) square feet or less in size;
3. designed to be self-propelled or permanently towable by a light duty truck and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
Repetitive Loss- Flood related damages sustained by a structure on two separate occasions during a ten year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds twenty-five percent (25%) of the market value of the structure before the damage occurred.
SFHA- See definition of floodplain.
Start of Construction- Includes substantial improvement and means the date the building permit was issued, ills, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement or other improvement, was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of colunins.or any work beyond the stage of excavation or placement of a manufactured home on a foundation. For a substantial improvement, actual start of construction means the first alteration of any wall, ceiling, floor or other structural part oaf a building whether or not that alteration affects the external dimensions of the building.
Structure (see "Building")
Substantial Damage- Damage of any origin sustained by a structure whereby the cumulative percentage of damage ( either: "subsequent to the adoption of this ordinance", "during the life of the building" or "during a ten (10) year period") equals or exceeds fifty percent (50%) of the market value of the structure before the damage occurred regardless of actual repair work performed. Volunteer labor and materials must be included in this determination. The term includes "Repetitive Loss Buildings" (see definition).
Substantial Improvement- Any reconstruction, rehabilitation, addition or improvement of a structure taking place ( either: "subsequent to the adoption of this ordinance", "during the life of the building" or "during a ten (10) year period") in which the cumulative percentage of improvements:
equals or exceeds fifty percent (50%) of the market value of the structure before the improvement or repair is started, or increases the floor area by more than twenty percent (20%).
"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. This term includes structures which have incurred repetitive loss or substantial damage, regardless of the actual repair work done.
The term does not include:
I. 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.
Violation- The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the required federal, state, andior local permits and elevation certification is presumed to be in violation until such time as the documentation is provided.
Section 3. 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 shall finance the detailed engineering study needed to replace the existing data with better data and submit it to the FEMA and IDNR/OWR for approval prior to any development of the site.
A. The base flood elevation for the floodplains of (name of all studied rivers, creeks and streams) shall be as delineated on the 100-year flood profiles in the countywide Flood Insurance Study of McLean prepared by the Federal Emergency Management Agency and (date of Flood Insurance Study).
B. The base flood elevation for each of the remaining floodplains delineated as a "A Zone" on the countywide Flood Insurance Rate Map of McLean County, Illinois shall be according to the best data available from federal, state or sources. Should no other data exist, an engineering study must be financed by the applicant to determine base flood elevations.
C. The base flood elevation for the floodplains of those parts of unincorporated (the name of the surrounding county) County that are within the extraterritorial jurisdiction of the Village of Colfax, or that may be annexed into the Village of Colfax, shall be as delineated on the 100-year flood proffles in the Flood Insurance Study of (the name of the surrounding county) County prepared by the Federal Emergency Management Agency and dated (the date of the County Flood Insurance Study).
Section 4. Duties of the (title of local official responsible for this ordinance).
The (title of local official responsible for this ordinance) shall be responsible for the general administration of this ordinance and ensure that all development activities within the floodplains under the jurisdiction of the Village of Colfax meet the requirements of this ordinance. Specifically, the (title of local official responsible for this ordinance) shall:
A. Process development permits in accordance with Section 5;
B. ensure that all development in a 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. ensure that water supply and waste disposal systems meet the Public Health standards of Section 9;
F. if a variance is requested, ensure that the requirements of Section 11 are met and maintain documentation of any variances granted;
G. inspect all development projects and take any and all penalty actions outlined in Section 13 as a necessary to ensure compliance with this ordinance;
H. assure that applicants are aware of and obtain any and all other required local, state, and federal permits;
I. not IDNR/OWR and any neighboring communities prior to any alteration or relocation of a watercourse;
J. provide information and assistance to citizens upon request about permit procedures and floodplain construction techniques;
K. cooperate with state and federal floodplain management agencies to coordinate base flood data and to improve the administration of this ordinance;
L. 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;
M. perform site inspections to ensure compliance with this ordinance and make substantial damage determinations for structures within the floodplain, and
N. maintain the accuracy of floodplain maps including notifring IDNR/OWR and/or submitting information to FEMA within six months whenever a modification of the floodplain may change the base flood elevation or result in a change to the floodplain map.
Section 5. Development Pennit.
No person, firm, corporation, or governmental body not exempted by law shall commence any development in the floodplain without first obtaining a development permit from the (title of local official responsible for this ordinance). The (title of local official responsible for this ordinance) 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:
1. drawings of the site, drawn to scale showing property line dimensions;
2. existing grade elevations and all changes in grade resulting from excavation or filling;
3. the location and dimensions of all buildings and additions to buildings;
4. the elevation of the lowest floor (including basement) of all proposed buildings subject to the requirements of Section 7 of this ordinance, and
5. cost of project or improvements as estimated by a licensed engineer or architect. A signed estimate by a contractor may also meet this requirement.
B. Upon receipt of an application for a development permit, the (title of local official responsible for this ordinance) shall compare the elevation of the site to the base flood elevation. Any development located on land that can be shown by the base flood elevation. Any development located on land that can be shown by survey data to be higher than the current base flood elevation and which has not been filled after the date of the site's first Flood Insurance Rate Map is not in the floodplain and therefore not subject to the requirements of this ordinance. Conversely, any development located on land shown to be below the base flood elevation and hydraulically connected, but not shown on the current Flood Insurance Rate Map, is subject to the provisions of this ordinance.
The (title of local official responsible for this ordinance) 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.
The (title of local official responsible for this ordinance) shall be responsible for obtaining from the applicant copies of all other federal, state, and local permits, approvals or permit-not-required letters that may be required for this type of activity. The (title of local official responsible for this ordinance) shall not issue a permit unless all other federal, state, and local pemiits have been obtained.
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