HomeMy WebLinkAboutORDINANCES-2008-085-O-08Effective date: August 15, 2008
7/3/08
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AN ORDINANCE
Amending the City Code by Enacting a
New Title 4, Chapter 16 of the Evanston City Code,
"Floodplain Regulations"
WHEREAS, In order to participate in the National Flood Insurance Program (NFIP), the
City needs to amend its floodplain regulations in conformance with Flood Insurance Study(FIS)
and Flood Insurance Rate Map (FIRM)
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF EVANSTON, COOK COUNTY, ILLINOIS
Section 1: Title 4 of the Evanston City Code is amended to read as follows:
Chapters
4-16-1
4-16-2
04-16-3
4-16-4
4-16-5
4-16-6
4-16-7
4-16-8
4-16-9
4-16-10
4-16-11
4-16-12
4-16-13
4=16-14
4-16-15
4-16-16
V
General Provisions
Definitions
How to Use This Ordinance
Duties of the Enforcement Official
Base Flood Elevation
Occupation and Use of Flood Fringe Areas
Occupation and Use of Designated Floodways
Occupation and Use of Special Flood Hazard
Areas Where Floodways Are Not Identified
Permitting Requirements Applicable to All Floodplain Areas
Other Development Requirements
Variances
Disclaimer of Liability
Penalty
Abrogation and Greater Restrictions
Severability
Effective Date
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4-16-1 GENERAL PROVISIONS
4-16-1-1 Purpose •
This Ordinance is enacted pursuant to the police powers granted to the City of Evanston by 65
ILCS 5/1-2-1, 5/11-12-12, 5/11-30-2, 5/11-30-8, and 5/11-31-2. The purpose of this
Ordinance is to maintain this City's eligibility in the National Flood Insurance Program; to
minimize potential losses due to periodic flooding including loss of life, loss of property, health
and safety hazards, disruption of commerce and governmental services, extraordinary public
expenditures for flood protection and relief, and impairment of the tax base, all of which
adversely affect the public health, safety and general welfare; and to preserve and enhance
the quality of surface waters, conserve economic and natural values and provide for the wise
utilization of water and related land resources. This Ordinance is adopted in order to meet the
requirements of 615 ILCS 5/18 (g) Rivers, Lakes and Streams Act and accomplish the
following specific purposes:
4-16-1-1-1 To assure. that new development does not increase the flood or drainage
hazards to others, or create unstable conditions susceptible to erosion;
4-16-1-1-2 To protect new buildings and major improvements to buildings from flood
damage;
4-16-1-1-3 To protect human life and health from the hazards of flooding;
4-16-1-1-4 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; and
4-16-1-1-5 To make federally subsidized flood insurance available for property in the
City of Evanston by fulfilling the requirements of the National Flood
Insurance Program;
4-16-1-1-6 To comply with the rules and regulations of the National Flood Insurance
Program codified as 44 CFR 59-79, as amended.
4-16-1-1-7 To protect, conserve, and promote the orderly development of land and
water resources; and
4-16-1-1-8 To preserve the natural characteristics and functions of watercourses and
floodplains in order to moderate flood and storm water impacts, improve
water quality, reduce soil erosion, protect aquatic and riparian habitat,
provide recreational opportunities, provide aesthetic benefits and enhance
community and economic development.
4-16-1-2 Scope
This Chapter of the City Code is intended to supplement the City of Evanston Zoning •
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Ordinance, Development Ordinance, Building Code and Storm water Management Ordinance
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and further regulate and restrict the development, layout and improvement of land, including
drainage, underground utilities and service facilities; excavating, filling and grading lots and
• other parcels and Special Flood Hazard Areas (SFHA), and storing of certain materials
thereon, stream and other floodwater runoff channels, and detention ponds and basins; and
the location, construction and elevation of buildings and other structures and parts and
appurtenances thereof, and the drainage of parking and other paved lots and areas. In the
event there is any conflict between the provisions of this Chapter and any other City ordinance,
the more restrictive provision or provisions shall be applicable.
4-16-1-3 Compliance with other applicable regulations required
Before starting any of the works or uses regulated by this Chapter, an applicant shall comply
with requirements set forth in all other applicable ordinances and regulations with respect to
submission and approval pf preliminary and final subdivision plats, improvement plans, building
and zoning permits, inspections, appeals and similar matters, along with those set forth in this
Chapter as required by Federal and State statutes and regulations of any departments of the
State. .
4-16-2 DEFINITIONS
For the purposes of this Ordinance, the following definitions are adopted:
4-16-2-1 Accessory Structure A non -habitable structure which is on the same parcel of
property as the principal structure to be insured and the use of which is incidental to
• the use of the principal structure.
4-16-2-2 Act An act in relation to the regulation of the rivers, lakes and streams of the
State of Illinois", 615 ILCS 5/5 et seq.
4-16-2-3 Applicant Any person, firm, corporation or agency which submits an application.
4-16-2-4 Appropriate Use Only uses of the designated floodway that are permissible and
will be considered for permit issuance. The only uses that will be allowed are as
specified in Section 4-16-7-3.
4-16-2-5 Base Flood The flood having a one -percent chance of being equaled or
exceeded in any given year. The base flood is also known as the one hundred
(100) year frequency flood event. Application of the base flood elevation at any
location is. as defined in Section 4-16-5 of this Ordinance.
4-16-2-6 Base Flood Elevation (BFE) The elevation in relation to mean sea level of the
crest of the base flood.
4-16-2-7 Basement That portion of the building having its floor subgrade (below ground
level) on all sides.
• 4-16-2-8 Building A walled and roofed structure, including gas or liquid storage tank, that
is principally above ground, including manufactured homes, prefabricated buildings,
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and gas or liquid storage tanks. The term also includes recreational vehicles and
travel trailers installed on a site for more than 180 days per year.
4-16-2-9 Channel Any river, stream, creek, brook, branch, natural or artificial depression, •
ponded area, flowage, slough, ditch, conduit, culvert, gully, ravine, wash, or natural
or man-made drainage way, which has a definite bed and banks or shoreline, in or
into which surface or groundwater flows, either perennially or intermittently.
4-16-2-10 Channel Modification Alteration of a channel by changing the physical
dimensions or materials of its bed or banks. Channel modification includes
damming, rip -rapping (or other armoring), widening, deepening, straightening,
relocating, lining and significant removal of native vegetation from the bottom or
banks. Channel modification does not include the clearing of dead or dying
vegetation, debris, or trash from the channel. Channelization is a severe form of
channel modification involving a significant change in the channel cross-section and
typically involving relocation of the existing channel (e.g. straightening).
4-16-2-11 Compensatory Storage An artificially excavated, hydraulically equivalent volume
of storage within the SFHA used to balance the loss of natural flood storage
capacity when artificial fill or structures are placed within the floodplain. The
uncompensated loss of natural floodplain storage can increase off -site floodwater
elevations and flows.
4-16-2-12 Conditional Approval of a Designated Floodway Map Change Preconstruction
approval by IDNR/OWR and FEMA of a proposed change to the floodway map. •
This preconstruction approval, pursuant to this Part, gives assurances to the
property owner that once an Appropriate Use is constructed according to permitted
plans, the floodway map can be changed, as previously agreed, upon review and
acceptance of as -built plans.
4-16-2-13 Conditional Letter of Map Revision (CLOMR) A letter which indicates that
FEMA will revise base flood elevations, flood insurance rate zones, flood
boundaries or floodway as shown on an effective Flood Hazard Boundary Map or
Flood Insurance Rate Map, once the as -built plans are submitted and approved.
4-16-2-14 Control Structure A structure designed. to control the rate of flow that passes
through the structure, given a specific upstream and downstream water surface
elevation.
4-16-2-15 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). Examples of critical facilities where flood protection is
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recommended include: sewage treatment plants, water treatment plants, and
• pumping stations.
4-16-2-16 Dam All obstructions, wall embankments or barriers, together with their abutments
and appurtenant works, if "any, constructed for the purpose of storing or diverting
water or creating a pool. Dams may also include weirs, restrictive culverts or
impoundment structures. Underground water storage tanks are not included.
4-16-2-17 Designated Floodway The channel, including on -stream lakes, and that portion
of the floodplain adjacent to a stream or watercourse, generally depicted on the
FEMA FIRM map, which is needed to store and convey the existing one hundred
(100) year frequency flood discharge with no more than a 0.1 foot increase in stage
due to the loss of flood -conveyance or storage, and no more than a 10 percent
increase in velocities.
4-16-2-17-1 The floodways are designated for the City of Evanston on the countywide
Flood Insurance Rate Map of Cook County prepared by FEMA and dated
August 19, 2008. When two floodway maps exist for a waterway, the more
restrictive floodway limit shall prevail.
4-16-2-17-2 The floodways for those parts of unincorporated Cook County that are within
the extraterritorial jurisdiction of the City of Evanston that may be annexed
into the City of Evanston are designated for North Shore Channel and Lake
Michigan on the countywide Flood Insurance Rate Map prepared by FEMA
• and dated August 19, 2008.
4-16-2-17-3 To locate the designated floodway boundary on any site, the designated
floodway boundary should be scaled off the designated floodway map and
located on a site plan, using reference marks common to both maps. Where
interpretation is needed to determine the exact location of the designated
floodway boundary, IDNR/OWR should be contacted for the interpretation.
4-16-2-18 Development Any man-made change to real estate., including:
4-16-2-18-1 Construction, reconstruction, repair, or placement of a building or any
addition to a building.
4-16-2-18-2 Installing a manufactured home on a site, preparing a site for a
manufactured home, or installing a travel trailer or recreational vehicle on a
site for more than 180 days. If the travel trailer or recreational vehicle is on
site for less than 180 days, it must be fully licensed and ready for highway
use.
4-16-2-18-3 Drilling, mining, installing utilities, construction of roads, bridges, or similar
projects.
• 4-16-2-18-4 Demolition of a structure or redevelopment of a site.
4-16-2-18-5 Clearing of land as an adjunct of construction.
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4-16-2-18-6 Construction or erection of levees, walls, fences, dams, or culverts; channel
modification; filling, dredging, grading, excavating, paving, or other non- •
agricultural alterations of the ground surface; storage of materials; deposit of
solid or liquid waste;
4-16-2-18-7 Any other activity of man that might change the direction, height, or velocity
of flood or surface water, including extensive vegetation removal;
4-16"2-18-8 Substantial improvement of an existing building.
Development does not include routine maintenance of existing buildings and
facilities such as re -roofing or re -surfacing of roads when there is no
increase in elevation, or gardening, plowing, and similar agricultural
practices that do not involve filling, grading, or construction of levees.
4-16-2-19 Elevation. Certificates A form published by FEMA that is used to certify the
elevation to which a building has been elevated.
4-16-2-20 Erosion The general process whereby soils are moved by flowing water or wave
action.
4-16-2-21 Exempt Organizations. Organizations which are exempt from this Ordinance per •
Illinois Compiled Statutes (ILCS) including state, federal or local units of
government.
4-16-2-22 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 (including, at a minimum, the installation
of utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) has been completed before April 1, 1990.
4-16-2-23 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).
4-16-2-24 FEMA Federal Emergency Management Agency and its regulations at 44 CFR
59-79, as amended.
4-16-2-25 Flood A general and temporary condition of partial or complete inundation of
normally dry land areas from overflow of inland or tidal waves, or the unusual and
rapid accumulation or runoff of surface waters from any source. •
4-16-2-26 Flood Frequency A period of years, based on a statistical analysis, during which
a flood of a stated magnitude may be expected to be equaled or exceeded.
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RRESUIT;
• 4-16-2-27 Flood Fringe That portion of the floodplain outside of the designated floodway.
See commentary on "designated floodway'
446-2-28 Flood Insurance Rate Maps (FIRM) A map prepared by FEMA that depicts the
Special Flood Hazard Area (SFHA) within a community. This map includes
insurance rate zones and floodplains and may or may not depict floodways.
4-16-2-29 Flood Insurance Study An examination, evaluation and determination of flood
hazards and if appropriate, corresponding water surface elevations.
4-16-2-30 Floodplain That land typically adjacent to a body of water with ground surface
elevations at or below the base flood or the one hundred (100) year frequency flood
elevation. Floodplains may also include detached Special Flood Hazard Areas,
ponding areas, etc. The floodplain is also known as the Special Flood Hazard Area
(SFHA).
4-16-2-30-1 The floodplains are those lands within the jurisdiction of the City of Evanston
that are subject to inundation by the base flood or one hundred (100) year
frequency flood. The SFHAs of the City of Evanston are generally identified
as such on panel number(s) 0253, 0255, 0260, 0265 and 0270 of the
countywide Flood Insurance Rate Map of the City of Evanston prepared by
the Federal Emergency Management Agency and dated August 19, 2008.
• 4-16-2-30-2 The SFHAs of those parts of unincorporated Cook County that are within the
extraterritorial jurisdiction of the City of Evanston or that may be annexed
into the City of Evanston are generally identified as such on panel
numbers(s) 0253, 0255, 0260, 0265 and 0270 of the countywide Flood
Insurance Rate Map prepared for Cook County by the Federal Emergency
Management Agency and dated August 19, 2008.
4-16-2-31 Flood Proofing Any combination of structural and non-structural additions,
changes or adjustments to structures which reduce or eliminate flood damage to
real estate or improved real property, water and sanitary facilities, structures and
their contents.
4-16-2-32 Flood Proofing Certificate A form published by FEMA that is used to certify that
a building has been designed and constructed to be structurally dry floodproofed to
the flood protection elevation.
4-16-2-33 Flood Protection Elevation (FPE) The elevation of the base flood or one
hundred (100) year frequency floods plus one foot of freeboard at any given
location in the SFHA.
4-16-2-34 Floodway See 4-16-2-17 "Designated Floodway".
• 4-16-2-35 Historic Structure Any structure that is:
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4-16-2-35-1 Listed individually in the National Register of Historic Places or preliminary
determined by the Secretary of the Interior as meeting the requirements for
individual listing on the National Register; •
4-16-2-35-2 Certified or preliminary determined by the Secretary of the Interior as
contributing to the historic district or a district preliminary determined by the
Secretary to qualify as a registered historic district;
4-16-2-35-3 Individually listed on the State inventory of historic places by the Illinois
Historic Preservation Agency;
4-16-2-35-4 Individually listed on a local inventory of historic places that has been
certified by the Illinois Historic Preservation Agency.
4-16-2-36 Hydrologic and Hydraulic Calculations Engineering analysis which determine
expected flood flows and flood elevations based on land characteristics and rainfall
events.
4-16-2-37 IDNRIOWR Illinois Department of Natural Resources, Office of Water Resources.
4-16-2-38 Letter of Map Amendment (LOMA) Official determination by FEMA that a
specific structure is not in a one hundred (100) year floodplain; amends the FIRM.
4-16-2-39 Letter of Map Revision (LOMR) Letter that revises base flood or one hundred
(100) year frequency flood elevations, floodplains or floodways as shown on an •
effective FIRM.
4-16-2-40 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 buildings 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 this
ordinance.
4-16-2-41 Manufactured Home A structure, transportable in one or more sections, which is
built on a permanent chassis and is designated for use with or without a permanent
foundation when attached to the required utilities. The term "manufactured home"
also includes park trailers, travel trailers and other similar vehicles placed on site for
more than 180 consecutive days. The term "manufactured home" does not include
a "recreational vehicle".
4-16-2-42 Manufactured Home Park or Subdivision A parcel (or contiguous parcels) of
land divided into two or more manufactured home lots for rent or sale.
4-16-2-43 Mitigation includes those measures necessary to minimize the negative effects
which floodplain development activities might have on the public health, safety and •
welfare. Examples of mitigation include: excavation of compensatory storage, soil
erosion and sedimentation control, and channel restoration. Mitigation may also
include those activities taken to reduce a structure's susceptibility to flooding.
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• 4-16-2-44 New Construction New construction means structures for which the start of
construction commenced on or after the effective date of a floodplain management
regulation adopted by a community and includes any subsequent improvements to
such structures.
4-16-245 New Manufactured Home Park or Subdivision Manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the installation of
utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) has been completed on or after April 1, 1990.
4-16-2-46 NAVD 88 National American Vertical Data of 1988. NAVD 88 supersedes the
National Geodetic Vertical Datum of 1929 (NGVD).
4-16-2-47 Natural When used in reference to channels means those channels formed by the
existing surface topography of the earth prior to changes made by man. A natural
stream tends to follow a meandering, path; its floodplain is not constrained by
levees; the area near the bank has not been cleared, mowed or cultivated; the
stream flows over soil and geologic materials typical of the area with no substantial
alteration of the course or cross-section of the stream caused by filling or
excavating. A modified channel may regain some natural characteristics over time
as the channel meanders and vegetation is re-established. Similarly, a modified
channel may be restored to more natural conditions by man through regarding and
• revegetation.
4-16-2-48 Ordinary High Water Mark (OHWM) The point on the bank or shore up to which
the presence and action of surface water is so continuous so as to leave a
distinctive mark such as by erosion, destruction or prevention of terrestrial
vegetation, predominance of aquatic vegetation or other easily recognized
characteristics.
4-16-2-49 Public Flood Control Project A flood control project which will be operated and
maintained by a public agency to reduce flood damages to existing buildings and
structures, including a hydrologic and hydraulic study of the existing and proposed
conditions of the watershed. Nothing in this definition shall preclude the design,
engineering, construction or financing, in whole or in part, of a flood control project
by persons or parties who are not public agencies.
4-16-2-50 Public Bodies of Waters All open public streams and lakes capable of being
navigated by watercraft, in whole or in part, for commercial uses and purposes, and
all lakes, rivers, and streams which in their natural condition were capable of being
improved and made navigable, or that are connected with or discharge their waters
into navigable lakes or rivers within, or upon the borders of the State of Illinois,
together with all bayous, sloughs, backwaters, and submerged lands that are open
• to the main channel or body of water directly accessible thereto.
4-16-2-51 Recreational Vehicle or Travel Trailer A vehicle which is:
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4-16-2-51-1 Built on a single chassis;
4-16-2-51-2 400 square feet or less when measured at the largest horizontal projection; 0
4-16-2-51-3 Designed to be self-propelled or permanently towable by a light duty truck;
and
4-16-2-51-4 Designed primarily not for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
4-16-2-52 Regional Permits Regional permits are offered for pre -approved projects which
are considered minor projects that are permissible per IDNR/OWR Part 3708 rules
for Northeastern Illinois regulatory floodways. A complete listing of the terms and
conditions for specific project types can be obtained from the IDNR/OWR website.
4-16-2-53 Registered Land Surveyor A land surveyor registered in the State of Illinois,
under The Illinois Land Surveyors Act. (225 ILCS 330/1, et seq.)
4-16-2-54 Registered or Licensed Professional Engineer An engineer registered in the
State of Illinois, under The Illinois Professional Engineering Practice Act. (225 ILCS
325/1 et seq.)
4-16-2-55 Repair, Remodeling or Maintenance Development activities which do not result
in any increases in the outside dimensions of a building or any changes to the
dimensions of a structure.
4-16-2-56 Repetitive Loss Flood -related damages sustained by a structure on two •
separate occasions during a ten (10) year period for which the cost of repairs at the
time of each such flood event, on the average, equals or exceeds 25 percent of the
market value of the structure before the damaged occurred.
4-16-2-57 Retention/Detention Facility A retention facility stores storm water runoff without
a gravity release. A detention facility provides for storage of storm water runoff and
controlled release of this runoff during and after a flood or storm.
4-16-2-58 Riverine SFHA Any SFHA subject to flooding from a river, creek, intermittent
stream, ditch, on -stream lake system or any other identified channel. This term
does not include areas subject to flooding from lakes, ponding areas, areas of
sheet flow, or other areas not subject to overbank flooding.
4-16-2-59 Runoff The water derived from melting snow or rain falling on the land surface,
flowing over the surface of the ground or collected in channels or conduits.
4-16-2-60 Sedimentation The processes that deposit soils, debris, and other materials
either on other ground surfaces or in bodies of water or watercourses.
4-16-2-61 Special Flood Hazard Area (SFHA) See 4-16-2-30 "Floodplain". •
4-16-2-62 Start of Construction Includes substantial improvement, and means the date the
building permit was issued, provided the actual start of construction, repair,
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reconstruction, rehabilitation, addition placement, or other improvement was within
• 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 columns, or any work beyond
the stage of excavation; or placement of a manufactured home on a foundation.
4-16-2-63 Statewide Permits Statewide permits are offered for pre -approved projects -that
are considered minor projects which are permissible per the IDNR/OWR Part 3700
rules. A complete listing of the statewide permits and permit requirements can be
obtained from the IDNR/OWR website.
4-16-2-64 Structure See 4-16-2-8 "Building".
4-16-2-65 Substantial Damage. Damage of any origin sustained by a structure whereby the
cumulative percentage of damage subsequent to the adoption of this ordinance
equals or exceeds 50 percent 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 4-16-2-56 "Repetitive Loss".
4-16-2-66 Substantial Improvement Any reconstruction, rehabilitation, addition, or
improvement of a structure taking place subsequent to the adoption of this
ordinance in which the cumulative percentage of improvements equals or exceeds
50 percent of the market value of the structure before the improvement or repair is
• started.
4-16-2-66-1 "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 building.
This term includes structures which have incurred repetitive loss or
substantial damage, regardless of the actual work done.
4-16-2-66-2 The term does not, however, include either:
4-16-2-66-2-1 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
4-16-2-66-2-2 any alteration of a "historic structure" listed on the National Register of
Historic Places or the Illinois Register of Historic Places, provided that
the alteration will not preclude the structure's continued designation as
a historic structure.
4-16-2-67 Transition Section Reaches of the stream or floodway where water flows from a
• narrow cross-section to a wide cross-section or vice versa.
4-16-2-68 Violation The failure of a structure or other development to be fully compliant with
the community's floodplain management regulations. A structure or other
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development without the elevation certificate, other certifications, or other evidence
of compliance is presumed to be in violation until such time as that documentation
is provided. •
4-16-3 HOW TO USE THIS CHAPTER
4-16-3-1 The City Engineer and the Community Development Director shall be responsible
for fulfilling all of the duties listed in 4-16-4.
4-16-3-2 To fulfill those duties, the City Engineer should first use the criteria listed in 4-16-5,
Base Flood Elevations, to determine whether the development site is located within
a floodplain. Once it has been determined that a site is located within a floodplain,
the City Engineer must determine whether the development site is within a flood
fringe, a regulatory floodway, or within a SFHA or floodplain for which no floodway
has been identified.
4-16-3-3-1 If the site is within a flood fringe, the City Engineer shall require that the
minimum requirements of 4-16-6 be meta
4-16-3-3-2 If the site is within a floodway, the City Engineer shall require that the
minimum requirements of 4-16-7 be met.
4-16-3-3-3 If the site is located within a SFHA or floodplain for which no detailed study
has been completed and approved, the City Engineer shall require that the
minimum requirements of 4-16-8 be met. •
4-16-3-3 In addition, the general requirements of 4-16-9 shall be met for all developments
meeting the requirements of 4-16-6, 4-16-7 or 4-16-8.
4-16-3-4 The City Engineer and the Community Development Director shall assure that all
subdivision proposals shall meet the requirements of 4-16-10.
4-16-3-5 If a variance is to be granted for a proposal, the Community Development Director
and the City Engineer shall review the requirements of 4-16-11 to make sure they
are met. In addition, the Community Development Director shall complete all
notification requirements.
4-16-3-6 In order to assure that property owners obtain permits as required in this
Ordinance, the Community Development Director may take any and all actions as
outlined in 4-16-13.
4-16-4 DUTIES OF THE ENFORCEMENT OFFICIAL
4-16-4-1 Duties of the City Engineer
4-16-4-1-1 Determining the Floodplain Designation. Check all new development
sites to determine whether they are in a Special Flood Hazard Area (SFHA). •
If they are in a SFHA, determine whether they are in a floodway, flood fringe
or in a floodplain for which a detailed study has not been conducted and
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which drains more than one (1) square mile. Check whether the
• development is potentially within an extended SFHA (with a drainage area
less than one square mile), indicating that the development would have
adverse impacts regarding storage, conveyance, or inundation which would
be the basis for the applicant being required to delineate the floodplain and
floodway and be subject to the remaining Sections of this Chapter.
4-16-4-1-2 Professional Engineer Review. If the development site is within a floodway
or in a floodplain for which a detailed study has not been conducted and
which drains more than one square mile, the permit and any required
engineering reports shall be referred to the City Engineer for review to
ensure that the development meets the requirements of 4-16-7 or 4-16-8. In
the case of an Appropriate Use, a licensed engineer in the State of Illinois
shall state in writing to the satisfaction of the City Engineer that the
development meets the requirements of 4-16-7.
4-16-4-1-3 Dam Safety Requirements. Dams are classified as to their size and their
hazard/damage potential in the event of failure. The construction or major
modification of all Class I (high hazard) and Class II (moderate hazard)
dams require an IDNR/OWR dam safety permit. Some Class III (low hazard)
dams require an IDNR/OWR dam safety permit, depending on the drainage
area to the dam, the height of the dam and the impounding capacity behind
the dam. Most off -channel detention basins that have an embankment are
non jurisdictional Class III dam. It is not required that IDNR/OWR "sign off'
• on all non jurisdictional Class III dams. A consulting engineer with dam
safety knowledge can estimate a hazard classification and determine if an
IDNR/OWR dam safety permit is required. A permit application submittal
must be made to IDNR/OWR for the construction or major modification of
jurisdictional dams. Regulated dams may include weirs, restrictive culverts
or impoundment structures.
4-16-4-1-4 Other permit requirements. Ensure any and all required federal, state and
local permits are received, prior to the issuance of a floodplain development
permit.
4-16-4-1-5 Plan Review and Permit Issuance. Ensure that all development activities
within the SFHAs of the jurisdiction of the City of Evanston meet the
requirements of this Ordinance, and issue a floodplain development permit
in accordance with the provisions of this Ordinance and other regulations of
this community when the development meets the conditions of this
Ordinance.
4-16-4-1-6 Inspection Review. Provide engineering assistance to the Community
Development Director in their inspection of all development projects before,
during and after construction to assure proper elevation of the structure and
• to ensure compliance with the provisions of this Ordinance.
4-16-4-1-7 Records for Public Inspection. Maintain for public inspection and furnish
upon request base flood data, SFHA and designated floodway maps, copies
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of federal or state permit documents, variance documentation, Conditional
Letter of Map Revision, Letter of Map Revision and Letter of Map isAmendments.
4-16-4-1-8 State Permits. Ensure that construction authorization has been granted by
IDNR/OWR, for all development projects subject to 4-16-7 and 4-16-8 of this
Ordinance, unless -enforcement responsibility has been delegated to the City
of Evanston. However, the following review approvals are not delegated to
the City of Evanston and shall require review or permits from IDNR/OWR: -
A. Organizations which are exempt from this Ordinance, as per the Illinois
Compiled Statutes;
B. IDNR/OWR projects, dams or impoundment structures as defined in 4-
16-2-16 and all other state, federal or local unit of government projects,
including projects of the City of Evanston and County, except for those
projects meeting the requirements of 4-16-7-3;
C. An engineer's determination that an existing bridge or culvert crossing is
not a source of flood damage and the analysis indicating the proposed
flood profile, per 4-16-7-5;
D. An engineer's analysis of the flood profile due to 4-16-7-5;
E. Alternative transition sections and hydraulically equivalent compensatory •
storage as indicated in 4-16-7-5;
F. Permit issuance of structures within, under, or over publicly navigable
rivers, lakes and streams;
G. Any changes in the mapped floodway or published flood profiles.
4-16-4-1-9 Cooperation with Other Agencies. Cooperate with state and federal
floodplain management agencies to improve base flood or one hundred
(100) year frequency flood and floodway data and to improve the
administration of this Ordinance. Submit data to IDNR/OWR and FEMA for
proposed revisions of a regulatory map within 6 months whenever a
modification of the floodplain may change the base flood elevation or result
in a change to the floodplain map. Submit reports as required for the
National Flood Insurance Program and notify FEMA of any proposed
amendments to this Ordinance.
4-16-4-1-10 Promulgate Regulations-. Promulgate rules and regulations as necessary
to administer and enforce the provisions of this Ordinance, subject however
to the review and approval of IDNR/OWR and FEMA for any Ordinance
changes. •
4-16-4-2 Duties of the Community Development Director
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4-16-4-2-1 Elevation and Floodproofing Certificates. Maintain permit files including:
An Elevation Certificate certifying the elevation of the lowest floor (including
basement) of a residential or non-residential building subject to 4-16-9 of this
Ordinance, and/or the elevation to which a non-residential building has been
floodproofed, using a Floodproofing Certificate, for all buildings subject to 4-
16-9 of this Ordinance.
4-16-4-2-2 Records for Public Inspection. Maintain for public inspection and furnish
upon request "as -built' elevation and floodproofing or elevation and
floodproofing certificates for all buildings constructed subject to.,. this
Ordinance.
4-16-4-2-3 Inspection Review. Inspect all development projects before, during and
after construction to assure proper elevation of the structure and to ensure
compliance with the provisions of this Ordinance; and, schedule on an
annual basis an inspection of the floodplain and document the results of the
inspection.
4-16-4-2-4 Damage Determinations. Make damage determinations of all damaged
buildings in the SFHA after a flood to determine substantially damaged
structures which must comply with 4-16-9-4 of this Ordinance.
4-16-4-2-5 Issue Violations and Penalties. Working with the City Attorney's and City
Engineer's Office, issue violations and penalties as required under the
is -provisions of 4-16-13 of this Ordinance.
4-16-4-2-6 Promulgate Regulations. Promulgate rules and regulations as necessary
to administer and enforce the provisions of this Ordinance, subject however
to the review and approval of IDNR/OWR and FEMA for any Ordinance
changes.
4-16-4-2-7 .Variances.,Administer requests for variances per requirements of Section 4-
16-11.
4-16-5 BASE FLOOD ELEVATION
4-16-5-1 General. This Ordinance's protection standard is based on the Flood
Insurance Study for the City of Evanston. If a base flood elevation or one
hundred (100) year frequency flood elevation is not available for a particular
site, then the protection standard shall be according to the best existing data
available from federal, state or other sources. When a party disagrees with
the best available data, they shall submit a detailed engineering study
needed to replace existing data with better data and submit it to IDNR/OWR
and FEMA for review and consideration prior to any development of the site.
• 4-16-5-2 Base Flood. The base flood or one hundred (100) year frequency flood
elevation for the SFHAs of the North Shore Channel and Lake Michigan
shall be as delineated on the one hundred (100) year flood profiles in the
Flood Insurance Study of the Cook County prepared by FEMA, and dated
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August 19, 2008, and such amendments to such study and maps as may be
prepared from time to time. .-
0
4-16-5-3 Delineation (AH/AO). The base flood or one hundred (100) year frequency
flood elevation for each SFHA delineated as an "AH Zone" or "AO Zone"
shall be that elevation (or depth) delineated on the countywide Flood
Insurance Rate Map of Cook County.
4-16-5-4 Delineation (other). The base flood or one hundred (100) year frequency
flood elevation for each of the remaining SFHAs delineated as an "A Zone"
on the countywide Flood Insurance Rate Map of Cook County shall be
according to the best existing data available from federal, state or other
sources. Should no other data exist, an engineering study must be financed
by the applicant to determine base flood elevations. When no base flood or
one hundred (100) year frequency flood elevation exists, the base flood or
-one hundred (100) year frequency flood elevation for a riverine SFHA shall
be determined from a backwater model, such as HEC-II, HEC-RAS, or a
dynamic model such as HIP. The flood flows used in the hydraulic models
shall be obtained from a hydrologic model, such as HEC-HMS, HEC-1, TR-
20, or HIP, or by techniques presented in various publications prepared by
the United States Geological Survey for estimating peak flood discharges.
For a non-riverine SFHA, the Base Flood Elevation shall be the historic
Flood of Record plus three feet, unless calculated by a detailed engineering
study. For an unmapped extended SFHA (with a drainage area less than
one square mile) which has been identified by the City Engineer pursuant to •
4-164-1, the base flood elevation shall be determined by the applicant
utilizing a method as approved in this section.
4-16-6 OCCUPATION AND USE OF FLOOD FRINGE AREAS
Development in and/or filling of the flood fringe will be permitted if protection is
provided against the base flood or one hundred (100) year frequency flood by
proper elevation, and compensatory storage, and other applicable provisions of this
Ordinance. No use will be permitted which adversely affects the capacity of
drainage facilities or systems. Developments located within the flood fringe shall
meet the requirements of this Section, along with the requirements of 4-16-9.
4-16-6-1 Development Permit. No person, firm, corporation, or governmental body not
exempted by law shall commence any development in the SFHA without first
obtaining a development permit from the City Engineer.
4-16-6-1-1 Application. Application for a development permit shall be made on a form
provided by the City Engineer. The application shall be accompanied by
drawings of the site, drawn to scale, showing property line dimensions and
legal description for the property and sealed by a licensed engineer,
architect or land surveyor; existing grade elevations, using the North •
American Vertical Datum of 1988, and all changes in grade resulting from
excavation or filling; the location and dimensions of all buildings and
additions to buildings. For all proposed buildings, the elevation of the lowest
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floor (including basement) and lowest adjacent grade shall be shown on the
submitted plans and the development will be subject to the requirements of
4-16-9 of this Ordinance.
4-16-6-2 SFHA Determination. Upon receipt of a development permit application, the City
Engineer shall compare the elevation of the site to the base flood or one hundred
(100) year frequency flood elevation. Any development located on land that can be
shown to be higher than the base flood elevation of the current Flood Insurance
Rate Map and which has not been filled after the date of the site's first Flood
Insurance Rate Map without a permit as required by this ordinance is not in the
SFHA 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 shown on the current Flood Insurance
Rate Map is subject to the provisions of this ordinance. The City Engineer 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.
4-16-6-3 Soil Erosion and Sediment Control. A soil erosion and sediment control plan for
disturbed areas shall be submitted.- This plan shall include a description of the
sequence of grading activities and the temporary sediment and erosion control
measures to be implemented to mitigate their effects. This plan shall also include a
description of final stabilization and revegetation measures, and the identification of
a responsible party to ensure post -construction maintenance.
• 4-16-6-4 Other Agency Permits. The City Engineer shall be responsible for obtaining from
the applicant copies of all other federal, state, and local permits, approvals or
waivers that may be required for this type of activity. The City Engineer shall not
issue a permit unless all other federal, state, and local permits have been obtained.
4-16-6-5 Preventing Increased Damages. No development in the flood fringe shall create a
threat to public health and safety.
4-16-6-6 LOMR. if fill is being used to elevate the site above the base flood or one hundred
(100) year frequency flood elevation, the applicant shall submit sufficient data and
obtain a letter of map revision (LOMR) from FEMA for the purpose of removing the
site from the floodplain.
4-16-6-7 Compensatory Storage. Whenever any portion of a floodplain is authorized for
use, the volume of space which will be occupied by the authorized fill or structure
below the base flood or one hundred (100) year frequency flood elevation shall be
compensated for and balanced by a hydraulically equivalent volume of excavation
taken from below the base flood or one hundred (100) year frequency flood
elevation. The excavation volume shall be at least equal to 1.5 times the volume of
storage lost due to the fill or structure. In the case of streams and watercourses,
such excavation shall be made opposite or adjacent to the areas so filled or
occupied. All floodplain storage lost below the existing ten (10) year flood elevation
shall be replaced below the proposed ten (10) year flood elevation. All floodplain
storage lost above the existing ten (10) year flood elevation shall be replaced above
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the proposed ten (10) year flood elevation. All such excavations shall be
constructed to drain freely and openly to the watercourse.
4-16-6-8 Construction of the Lowest Floor Below The Base Flood Elevation (BFE). A
person who has obtained a Letter of Map Revision (LOMR) Based on Fill that
removes a site in the flood fringe from the floodplain due to the use of fill to
elevate the -site above the BFE, may apply for a permit from the City to construct
the lowest floor of a residential building below the BFE in the flood fringe. Such a
permit shall not be issued unless the applicant has complied with all the criteria
set forth in the following subsection.
4-16-6-8-1 Compensatory storage shall be provided per 4-16-6-7.
4-16-6-8-2 The elevation of the lowest opening in the basement wall (i.e., window
wells, access ways) shall be at or above the Flood Protection Elevation
(FPE).
4-16-6-8-3 The lowest adjacent grade to the foundation shall be at or above the FPE,
for a minimum distance of ten (10) feet beyond the outside face of the
structure. However, if site conditions are such that this requirement
cannot be met, the City Engineer may waive the ten (10) foot minimum
setback if an Illinois Licensed Professional Engineer certifies that an
alternative method to protect the building from damage due to hydrostatic
pressures has been met. The certifications shall be in the form of a
detailed soils and structural design analysis, which shall be submitted to
the City Engineer for review. The City Engineer may require. such •
additional documentation as necessary to prove that the proposed shorter
setback distance will keep the structure reasonably safe. In no case shall
the setback distance be less than four (4) feet.
4-16-6-8-4 The grade around the perimeter of the structure, measured at a distance
of twenty (20) feet from the structure, shall be above the BFE. However, if
site conditions are such that this requirement cannot be obtained, the City
Engineer may waive the twenty (20) foot minimum setback distance if an
Illinois Licensed Professional Engineer certifies that an alternative method
to protect the building from damages due to hydrostatic pressures have
been met. A detailed soils analysis and structural design proving that a
shorter setback distance will keep the structure reasonably safe from
flooding, shall be submitted to the City of Evanston for review. In no case
shall the setback distance be less than four (4) feet.
4-16-6-8-5 The ground around the building shall be compacted fill that meets all
requirements of this subsection and is at least five (5) feet thick under the
basement floor slab. Nothing in this subsection shall be interpreted to
require the removal or replacement of fill that was placed as part of a
LOMR-F, if such fill consists of material, including soils of similar
classification and degree permeability, such as those classified as CH, CL,
SC or ML according to ASTM standard D-2487, Classification of Soils for
Engineering Purposes.
iv
4-16-6-8-6 The fill material must be homogeneous and isotropic; that is, the soil must
• be all of one material, and the engineering priorities must be in the same
direction.
4-16-6-8-7 All fill material and compaction shall be designed, certified and inspected by
an Illinois Licensed Professional Engineer, as warranted by the site
conditions.
4-16-6-8-8 The basement floor shall be at an elevation that is no more than five (5) feet
below the BFE.
4-16-6-8-9 There shall be a granular drainage layer beneath ..the floor slab, and
minimum of one quarter ('/4) horsepower sump pump with a backup power
supply shall be provided to remove seepage flow. The pump shall be rated
at four (4) times the estimated seepage rate and shall discharge above the
BFE and away from the building in order to prevent flooding of the basement
or uplift of the floor under the effect of the seepage pressure.
4-16-6-8-10 The drainage system shall be equipped with a positive means of preventing
backflow.
4-16-6-8-11 All foundation elements shall be designed to withstand hydrostatic pressure
in accordance with accepted engineering practices.
4-16-6-8-12 If the applicant is unable to meet all of the requirements set forth in the
preceding paragraphs of this subsection, the City Engineer may allow the
construction of a basement below the BFE only if the applicant
demonstrates that the proposed fill and structure meet the guidelines and
requirements set forth in FEMA Technical Bulletin 10-01 and are reasonably
safe from flooding. In order to demonstrate that the proposed structure is
reasonably safe from flooding, the applicant shall ,submit a detailed
engineering analysis of the proposed fill and foundation wall. The
engineered basement study shall be completed in accordance with the latest
edition of FEMA Technical Bulletin 10-01, with the analysis of the fill being
prepared by an Illinois Licensed Professional Engineer.
4-16-6-8-13 In order to provide the required compensatory storage on site, in no case
shall the depth of excavation in the front and side yards of the lot exceed
eighteen (18) inches, as measured from the previously existing natural
grade. The rear yard shall be permitted to have a greater depth of
excavation, if necessary. All such excavation shall be constructed to drain
freely and openly to the watercourse or storm sewer system. The use of
mechanical means to drain the compensatory storage area will not be
permitted.
• 4-16-7 OCCUPATION AND USE OF DESIGNATED FLOODWAYS
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This section applies to proposed development, redevelopment, site modification or
building modification within a designated floodway. The designated floodway for
North Shore Channel and Lake Michigan shall be as delineated on the countywide •
Flood Insurance Rate Map of Cook County and referenced in 4-16-2-28. Only those
uses and structures will be permitted which meet the criteria in this section. All
floodway modifications shall be the minimum necessary to accomplish the purpose
of the project. The development shall also meet the requirements of 4-16-9.
4-16-7-1 Development Permit.
No person, firm, corporation or governmental body not exempted by state law shall
commence any development in a floodway without first obtaining a development
permit from the City Engineer and IDNR/OWR.
4-16-7-1-1 Application. Application for a development permit shall be made on a form
provided by the City Engineer. The application shall include the following
information:
A. Name and address of applicant
B. Site location (including legal description) of the property, drawn to scale,
on the designated floodway map, indicating whether it is proposed to be
in an incorporated or unincorporated area;
C. Name of stream or body of water affected;
D. Description of proposed activity; •
E. Statement of purpose of proposed activity;
F. Anticipated dates of initiation and completion of activity;
G. Name and mailing address of the owner of the subject property if
different from the applicant;
H. Signature of the applicant or the applicant's agent;
I. If the applicant is a corporation, the president or other authorized officer
shall sign the application form;
J. If the applicant is a partnership, each partner shall sign the application
form; and
K. If the applicant is a land trust, the trust officer shall sign the name of the
trustee by him (her) as trust officer. A disclosure affidavit shall be filed
with the application, identifying each beneficiary of the trust by name and
address and defining the respective interests therein. •
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L. Plans of the proposed activity shall be provided which include as a
minimum:
1. A vicinity map showing the site of the activity, name of the
waterway, boundary lines, names of roads in the vicinity of the
site, graphic or numerical scale, and north arrow;
2. A plan view of the project and engineering study reach showing
existing and proposed conditions including principal dimensions of
the structure or work, elevations, using the North American
Vertical Datum of 1988, adjacent property lines and ownership,
drainage and flood control easements, location of any channels
and any existing or future access roads, distance between
proposed activity and navigation channel (when the proposed
construction is near a commercially navigable body of water),
designated floodway limit, floodplain limit, specifications and
dimensions of any proposed channel modifications, location and
orientation of cross -sections, north arrow, and a graphic or
numerical scale;
3. Cross-section views of the project and engineering study reach
showing existing and proposed conditions including principal
dimensions of the work as shown in plan view, existing and
proposed elevations, normal water elevation, ten (10) year
• frequency flood elevation, one hundred (100) year frequency flood
elevation, and graphic or numerical scales (horizontal and
vertical);
4. A soil erosion and sediment control plan for disturbed. areas. This
plan shall include a- description of the sequence of grading
activities and the temporary sediment and erosion control
measures to be implemented to mitigate their effects. This plan
shall also include a description of final stabilization and
revegetation measures, and the identification of a responsible
party to ensure post -construction maintenance.
5. A copy of the designated floodway map, marked to reflect any
proposed change in the designated floodway location.
M. Any and all other federal, state, and local permits or approval letters that
may be required for this type of development.
N. Engineering calculations and supporting data shall be submitted showing
that the proposed work will meet the permit criteria of 4-16-7-3.
• 0. If the designated floodway delineation, base flood or -one hundred (100)
year frequency flood elevation will change due to the proposed project,
the application will not be considered complete until IDNR/OWR has
indicated conditional approval of the designated floodway map change.
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No structures may be built until a Letter of Map Revision has been
approved by FEMA.
P. The application for a structure shall be accompanied by drawings of the •
site, drawn to scale showing property line dimensions and existing
ground elevations and all changes in grade resulting from any proposed
excavation or filling, and floodplain and floodway limits; sealed by a
licensed professional engineer, licensed architect or licensed land
surveyor; 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 4-16-9 of this
Ordinance.
Q.—If the proposed project involves a channel modification, the applicant
shall submit the following information:
1. A discussion of the purpose of and need for the proposed work;
2. A discussion of the feasibility of using alternative locations or
methods (see 4-16-7-5-9) to accomplish the purpose of the
proposed work;
3. An analysis of the extent and permanence of the impacts each
feasible alternative identified in 4-16-7-5-9 of this Section would
have on the physical and biological conditions of the body of
water affected; and is
4. An analysis of the impacts of the proposed project, considering
cumulative effects on the physical and biological conditions of the
body of water affected.
4-16-7-2 Other Agency Permits. The City Engineer shall be responsible for obtaining from
the applicant copies of all other federal, state, and local permits and approvals that
may be required for this type of activity. The City Engineer shall not issue the
development permit unless all required federal and state permits have been
obtained. The City Engineer or a Licensed Professional Engineer, under the
employ or contract of the City of Evanston shall review and approve applications
reviewed under this Section.
4-16-7-3 Preventing Increased Damages and a List of Appropriate Uses. The only
development in a floodway which will be allowed are Appropriate Uses, which will
not cause a rise in the base flood elevation, and which will not create a damaging
or potentially damaging increase in flood heights or velocity or be a threat to .public
health and safety and welfare or impair the natural hydrologic and hydraulic
functions of the floodway or channel, or permanently impair existing water quality or
aquatic habitat. Construction impacts shall be minimized by appropriate mitigation
methods as called for in this Ordinance. Only those Appropriate Uses listed in 17 •
Ill. Adm. Code Part 3708 will be allowed. The approved Appropriate Uses are as
follows:
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4-16-7-3-1 Flood control structures, dikes, dams and other public works or private
• improvements relating to the control of drainage, flooding, erosion, or water
quality or habitat for fish and wildlife;
4-16-7-3-2 Structures or facilities relating to the use of, or requiring access to, the water
or shoreline, such as pumping and treatment facilities, and facilities and
improvements related to recreational boating, commercial shipping and
other functionally water dependent uses;
4-16-7-3-3 Storm and sanitary sewer relief outfalls;
4-16-7-3-4 Underground and overhead utilities;
4-16-7-3-5 Recreational facilities such as playing fields and trail systems, including any
related fencing (at least 50 percent open when viewed from any one
direction) built parallel to the direction of flood flows, and including open air
pavilions and toilet facilities (4 stall maximum) that will not block flood. flows
nor reduce floodway storage.
4-16-7-3-6 Detached garages., storage sheds, or other non -habitable accessory
structures that will not block flood flows nor reduce floodway storage;
4-16-7-3-7 Bridges, culverts, roadways, sidewalks, railways, runways and taxiways
• and any modification thereto;
4-16-7-3-8 Parking lots built at or below existing grade where either the depth of
flooding at the one hundred (100) year frequency flood event will not exceed
1.0 foot; or the applicant of a short-term recreational use facility parking lot
formally agrees to restrict access during overbank flooding events and
accepts liability for all damage caused by vehicular access during all
overbank flooding events;
4-16-7-3-9 Designated floodway regarding, without fill, to create a positive non -erosive
slop toward a watercourse;
4-16-7-3-10 Floodproofing activities to protect previously existing lawful structures
including the construction of watertight window wells, elevating structures,
or construction of floodwalls around residential, commercial or industrial
principal structures where the outside toe of the floodwall shall be no more
than ten (10) feet away from the exterior wall of the existing structure, and,
which are not considered substantial improvements to the structure;
4-16-7-3-11 The replacement, reconstruction, or repair of a damaged building, provided
that the outside dimensions are not increased, and if the building was
• damaged to fifty (50%) percent or more of the market value before the
damage occurred, the building will be protected from flooding to the flood
protection elevation; and
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4-16-7-3-12 Modifications to an existing building that would not increase the enclosed
floor area of the building below the one hundred (100) year frequency flood
elevation, and which will not block flood flows including but not limited to,
fireplaces, bay windows, decks, patios, and second story additions. If the
building is improved to fifty (50%) percent or more of the market value before
the modification occurred (i.e., a substantial improvement), the building will
be protected from flooding to the flood protection elevation.
4-16-74 Non -Appropriate Uses in the Floodway. Appropriate uses do not include the
construction or placement of any new structures, fill, building additions, buildings on
stilts, excavation or channel modifications done to accommodate otherwise non -
appropriate uses in the floodway, fencing (including landscaping or planting
designed to act as a fence) and storage of materials except as specifically defined
above as an Appropriate Use.
4-16-7-5 Floodway Characteristics. Within the designated floodway, the construction of an
Appropriate Use, will be considered permissible provided that the proposed project
meets the following engineering and mitigation criteria and is so stated in writing
with supporting plans, calculations and data by a licensed professional engineer
and provided that any structure meets the protection requirements of 4-16-9 of this
Ordinance.
4-16-7-5-1 Preservation of Flood Conveyance; so as Not to Increase Flood Stages
Upstream. For appropriate uses other than bridge or culvert crossings, on -
stream structures or dams, all effective designated floodway conveyance
lost due to the project will be replaced for all flood events up to and including •
the one hundred (100) year frequency flood. In calculating effective
designated floodway conveyance, the following factors shall be taken into
consideration:
A. Designated floodway conveyance, "K" _ (1.486/n) (AR7) where "n" is
Manning's roughness factor, "A" is the effective flow area of the cross-
section, and "R" is the ratio of the area to the wetted perimeter. (See
Ven Te Chow, Open Channel Hydraulics, (McGraw-Hill, New York
1959).
B. The same Manning's "n" value shall be used for both existing and
proposed conditions unless a recorded maintenance agreement with a
federal, state, or local unit of government can assure the proposed
conditions will be maintained or the land cover is changing from a
vegetative to a non -vegetative land cover.
C. Transition sections shall be provided and used in calculations of effective
designated floodway conveyance. The following expansion and
contraction ratios shall be used unless an applicant's engineer can prove
to IDNR/OWR through engineering calculations or model tests that more
abrupt transitions may be used with the same efficiency: •
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1. When water is flowing from a narrow section to a wider section,
the water should be assumed to expand no faster than at a rate of
one foot horizontal for every four feet of the flooded stream's
length.
2. When water is flowing from a wide section to a narrow section, the
water should be assumed to contract no faster than at a rate of
one foot horizontal for every one foot of the flooded stream's
length.
3. When expanding or contracting flows in a vertical direction, a
minimum of one foot vertical transition for every ten feet of stream
length shall be used.
4. Transition sections shall be provided between cross -sections with
rapid expansions and contractions and when meeting the
designated floodway delineation on adjacent properties.
5. All cross -sections used in the calculations shall be located
perpendicular to flood flows.
4-16-7-5-2 Preservation of Floodwayy Storage so as Not to Increase Downstream
Flooding. Compensatory storage shall be provided for any designated
floodway storage lost due to the proposed work from the volume of fill or
• structures placed and the impact of any related flood control projects.
Compensatory storage for fill or structures shall be equal to of least 1.5
times the volume of floodplain storage lost. Artificially created storage lost
due to a reduction in head loss behind a bridge shall not be required to be
replaced. The compensatory designated floodway storage shall be placed
between the proposed normal water elevation and the proposed one
hundred (100) year flood elevation. All designated floodway storage lost
below the existing ten (10) year flood elevation shall be replaced below the
proposed ten (10) year flood elevation. All designated floodway storage lost
above the existing ten (10) year flood elevation shall be replaced above the
proposed ten (10) year flood elevation.. All such excavations shall be
constructed to drain freely and openly to the watercourse. If the
compensatory storage will not be placed at -the location of the proposed
construction, the applicant's engineer shall demonstrate through a
determination of flood discharges and water surface elevations that the
compensatory storage is hydraulically equivalent. There shall be no
reduction in floodway surface area as a result of a floodway modification,
unless such modification is necessary to reduce flooding at existing
structure.
4-16-7-5-3 Preservation of Floodway Velocities so as Not to Increase Stream Erosion or
• Flood Heights. For all Appropriate Uses, except bridges or culverts or on -
stream structures, the proposed work will not result in an increase in the
average channel or designated floodway velocities or stage for all flood
events up to and including the one hundred (100) year frequency event.
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In the case of bridges or culverts or on -stream structures built for the
purpose of backing up water in the stream during normal or flood flows,
velocities may be increased at the structure site if scour, erosion and
sedimentation will be avoided by the use of rip -rap or other design
measures.
4-16-7-5-4 Construction of New Bridges or Culvert Crossings and Roadway
Approaches. The proposed structure shall not result in an increase of
upstream flood stages greater than 0.1 foot when compared to the existing
conditions for all flood events up to and including the one hundred (100) year
frequency event; or the upstream flood stage increases will be contained
within the channel banks (or within existing vertical extensions of the
channel banks) such as within the design protection grade of existing levees
or flood walls or within recorded flood easements. If the proposed
construction will increase upstream flood stages greater than 0.1 feet, the
developer must contact IDNR/OWR to obtain a permit for a dam or waiver.
A. The engineering analysis of upstream flood stages must be calculated
using the flood study flows, and corresponding flood elevations for tail
water conditions for the flood study specified in 4-16-5 of this Ordinance.
Bridges and Culverts must be analyzed using any commonly accepted
FEMA approved hydraulic models.
B. Lost floodway storage must be compensated for per Section 4-16-7-5-2.
C. Velocity increases must be mitigated per Section 4-16-7-5-3. •
D. If the crossing is proposed over public water that is used for recreational
or commercial navigation, an IDNR/OWR permit must be received.
E. The hydraulic analysis for the backwater caused by the bridge showing
the existing condition and proposed regulatory profile must be submitted
to IDNR/OWR for concurrence that a CLOMR is not required by 4-16-7-
3.
F. All excavations for the construction of the crossing shall be designed per
the requirements of this section.
4-16-7-5-5 Reconstruction or Modification of Existing Bridges, Culverts, and
Approach Roads.
A. The bridge or culvert and roadway approach reconstruction or
modification shall be constructed with no more than 0.1 foot increase in
backwater over the existing flood profile for all flood frequencies up to
and including the one hundred (100) year event, if the existing structure
is not a source of flood damage.
B. If the existing bridge or culvert and roadway approach is a source of •
flood damage to buildings or structures in the upstream floodplain, the
K-1
applicant's engineer shall evaluate the feasibility of redesigning the
structure to reduce the existing backwater, taking into consideration the
effects on flood stages on upstream and downstream properties.
C. The determination as to whether or not the existing crossing is a source
of flood damage and should be redesigned must be prepared in
accordance with 17 III. Adm. Code Part 3708 (Floodway Construction in
Northeastern Illinois) and submitted to IDNR/OWR for review and
concurrence before a permit is issued.
4-16-7-5-6 On -Stream Structures Built for the Purpose of Backing Up Water. Any
increase in upstream flood stages greater than 0.0 foot when compared to
the existing conditions, for --all flood events up to and including the one
hundred (100) year frequency event shall -be contained -within -the channel
banks (or within existing vertical extensions of the channel banks) such as
within the design protection grade of existing levees or flood walls or within
recorded flood easements. A permit or letter indicating a permit is not
required must be obtained from IDNR/OWR for any structure built for the
purpose of backing up water in the stream during normal or flood flow. All
dams and impoundment structures as previously defined shall meet the
permittingrequirements of 17 III. Adm. Code Part 3702 (Construction and
Maintenance of Dams). If the proposed activity involves a modification of
the channel or floodway to accommodate an impoundment, _it shall .be
demonstrated that:
• A. The impoundment is determined to be in the public interest by providing
flood control, public recreation, or regional storm water detention;
B. The impoundment will not prevent the migration of indigenous fish
species, which require access to upstream areas as part of their life
cycle., such as for spawning-,
C. The impoundment will not cause or contribute to degraded water quality
or habitat conditions. Impoundment design should- include gradual bank
slopes, appropriate bank stabilization measures and a pre -sedimentation
basin;
D. A non -point source control plan has been implemented in the upstream
watershed to control the effects of sediment runoff as well as minimize
the input of nutrients, oil and grease, metals, and other pollutants. If there
is more than one municipality in the upstream watershed, the
municipality in which the impoundment is constructed should coordinate
with upstream municipalities to ensure comprehensive watershed
control;
E. The project otherwise complies with the requirements of 4-16-7.
4-16-7-5-7 Flood Proofing of Existing Habitable, Residential and Commercial
Structures. If construction is required beyond the outside dimensions of the
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existing building, the outside perimeter of the floodproofing construction shall
be placed no further than 10 feet from the outside of the building.
Compensation of lost storage and conveyance will not be required for
floodproofing activities. 0
4-16-7-5-8 Excavation in the Floodway. When excavation is proposed in the design of
bridges and culvert openings, including the modifications to and replacement
of existing bridge and culvert structures, or to compensate for lost
conveyance or other Appropriate Uses, transition sections shall be provided
for the excavation. The following expansion and contraction ratios shall be
used unless an applicant's engineer can prove to IDNR/OWR through
engineering calculations or model tests that more abrupt transitions may be
used with the same efficiency:
A. When water is flowing from a narrow section to a wider section, the water
should be assumed to expand no faster than at a rate of one foot
horizontal for every four feet of the flooded stream's length; and
B. When water is flowing from a wide section to a narrow section, the water
should be assumed to contract no faster than at a rate of one foot
horizontal for every one foot of the flooded stream's length; and
C. When expanding or contracting flows in a vertical direction, a minimum of
one foot vertical transition for every ten feet of stream length shall be
used; and
D. Erosion/scour protection shall be provided inland upstream and •
downstream of the transition sections.
4-16-7-5-9 Channel Modifications. If the proposed activity involves a channel
modification, it shall be demonstrated that there are no practicable
alternatives to the activity which would accomplish its purpose with less
impact to the natural conditions of the body of water affected. Possible
alternatives include levees, bank stabilization, flood proofing of existing
structures, removal of structures from the floodplain, clearing the channel,
high flow channel, or the establishment of a stream side buffer strip or green
belt. Channel modification is acceptable if the purpose is to restore natural
conditions and improve water quality and fish and wildlife habitat. Water
quality, habitat, and other natural functions would be significantly improved
by the modification and no significant habitat area may be destroyed, or the
impacts are offset by the replacement of an equivalent degree of natural
resource values. The activity has been planned and designed and will be
constructed in a way which will minimize its adverse impacts on the natural
conditions of the body of water affected, consistent with the following criteria:
A. The physical characteristics of the modified channel shall match as
closely as possible those of the existing channel in length, cross-section, •
slope and sinuosity. If the existing channel has been previously
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modified, restoration of more natural physical conditions should be
incorporated into channel modification design, where practical.
• B. Hydraulically effective transitions shall be provided at both the upstream
and downstream ends of the project, designed such that they will prevent
erosion.
C. One-sided construction of a channel shall be used when feasible.
Removal of streamside (riparian) vegetation should be limited to one side
of the channel, where possible, to preserve the shading and stabilization
effects of the vegetation.
D. Clearing of stabilizing vegetation shall be limited to that which is essential
for construction of the channel.
E. Channel banks shall be constructed with a side slope no steeper than
3:1 horizontal to vertical, wherever practicable. Native vegetation and
gradual side slopes are the preferred methods for bank stabilization.
Where high velocities or sharp bends necessitate the use of alternative
stabilization measures, soil bioengineering techniques, natural rock or
rip -rap are preferred approaches. Artificial materials such as concrete,
gabions, or construction rubble should be avoided unless there are no
practicable alternatives.
• F. All disturbed areas associated with the modification shall be seeded or
otherwise stabilized as soon as possible upon completion of
construction. Erosion blanket or an equivalent material shall be required
to stabilize disturbed channel banks prior to establishment of the
vegetative cover.
G. If the existing channel contains considerable bottom diversity such as
deep pools, riffles, and other similar features, such features shall be
provided, in the new channel. Spawning and nesting areas and flow
characteristics compatible with fish habitat shall also be established,
where appropriate.
H. A sediment basin shall be installed at the downstream end of the
modification to reduce sedimentation and degradation of downstream
water quality.
I. New or relocated channels should be built in the dry and all items of
construction, including vegetation, should be completed prior to diversion
of water into the new channel.
J. There shall be no increases in stage or velocity as the channel enters or
• leaves the project site for any frequency flood unless necessitated by a
public flood control project or unless such an increase is justified as part
of a habitat improvement or erosion control project.
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K. Unless the modification is for a public flood control project, there shall be
no reduction in the volume of floodwater storage outside the floodway as
a result of the modification; and •
L. The project otherwise complies with the requirements of 4-16-7.
4-16-7-5-10 Seeding and Stabilization Plan. For all activities located in a floodway, a
seeding and stabilization plan shall be submitted by the applicant.
4-16-7-5-11 Soil Erosion and Sedimentation Measures. For all activities in the floodway,
including grading, filling, and excavation, in which there is potential for
erosion of exposed soil, soil erosion and sedimentation control measures
shall be employed consistent with the following criteria:
A. The construction area shall be minimized to preserve the maximum
vegetation possible. Construction shall be scheduled to minimize the
time soil is exposed and unprotected. In no case shall the existing
natural vegetation be destroyed, removed, or disturbed more than 15
days prior to the initiation of improvements.
B. Temporary and/or permanent soil stabilization shall be applied to
denuded areas as soon as possible. As a minimum, soil stabilization
shall be provided within 15 days after final grade is reached on any
portion of the site, and within 15 days'to denuded areas which may not
be at final grade but will remain undisturbed for longer than 60 days.
C. Sedimentation control measures shall be installed before any significant •
grading or filling is initiated on the site to prevent the movement of
eroded sediments off site or into the channel. Potential sediment control
devices include filter fences, straw bale fences, check dams, diversion
ditches, and sediment traps and basins.
D. A vegetated buffer strip of at least 25 feet in width shall be preserved
and/or re-established, where possible, along existing channels (See 4-
16-7-5-15). Construction vehicle use of channels shall be minimized.
Temporary stream crossings shall be constructed, where necessary, to
minimize erosion. Necessary construction in or along channels shall be
restabilized immediately.
E. Soil erosion and sedimentation control measures shall be designed and
implemented consistent with "Procedures and Standards for Urban Soil
Erosion and Sedimentation Control in Illinois" (1988) also known as the
"Green Book" and "The Illinois Urban Manual' (NRCS, 1995).
4-16-7-5-12 Public Flood Control Projects. For public flood control projects, the
permitting requirements of this section will be considered met if the applicant
can demonstrate to IDNR/OWR through hydraulic and hydrologic •
calculations that the proposed project will not singularly or cumulatively
result in increased flood heights outside the project right-of-way or
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easements for all flood events up to and including the one hundred (100)
year frequency event.
• 4-16-7-5-13 General Criteria for Analysis of Flood Elevations.
A. The flood profiles, flows and floodway data in the designated floodway
- study, referenced in 4-16-5, must be used for analysis of the base
conditions. If the study data appears to be in error or conditions have
changed, IDNR/OWR shall be contacted for approval and concurrence
on the appropriate base conditions data to use.
B. If the one hundred (100) year designated floodway elevation at the site of
the proposed construction is affected by backwater from a downstream
receiving stream with a larger drainage area, the proposed construction
shall be shown to meet the requirements of this section for the one
hundred (100) year frequency flood elevations of the designated
floodway conditions and conditions with the receiving stream at normal
water elevations.
C. If the applicant learns from IDNR/OWR, local governments, or a private
owner that a downstream restrictive bridge or culvert is scheduled to be
removed, reconstructed, modified, or a regional flood control project is
scheduled to be built, removed, constructed or modified within the next
five years, the proposed construction shall be analyzed and shown to
• meet the requirements of this section for both the existing conditions and
the expected flood profile conditions when the bridge, culvert or flood
control project is built.
4-16-7-5-14 Conditional Letter of Map Revision. If the Appropriate Use would result in a
change in the designated floodway location or the one hundred (100) year
frequency flood elevation, the applicant shall submit to IDNR/OWR and
FEMA all information, calculations and documents necessary to be issued a
conditional designated floodway map revision and receive from IDNR/OWR
a conditional concurrence of the designated floodway change before a
permit is issued. The final designated floodway map will not be changed by
FEMA until as -built plans or record drawings of initial filling, grading,
dredging, or excavating activities are submitted and accepted by FEMA and
IDNR/OWR. In the case of non -government projects, the municipality in
incorporated areas and the county in unincorporated areas shall concur with
the proposed conditional designated floodway map revision before
IDNR/OWR approval can be given. No filling, grading, dredging or
excavating shall take place until a conditional approval is issued. After initial
filling, grading, dredging or excavating, no activities shall take place until a
final Letter of Map Revision (LOMR) is issued by FEMA with concurrence
from IDNR/OWR.
• 4-16-7-5-15 Professional Engineer's Supervision. All engineering analyses shall be
performed by or under the supervision of a licensed professional engineer.
For all activities in the floodway involving construction within 25 feet of the
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channel, a natural vegetation buffer strip shall be preserved within at least 25
feet of the ordinary high water mark of the channel. Where it is impossible to
protect this buffer strip during the construction of an Appropriate Use, a •
vegetated buffer strip shall be established upon completion of construction.
4-16-7-5-16 After receipt of conditional approval of the designated floodway change and
issuance of a permit and a Conditional Letter of Map Revision, construction
as necessary to change the floodway designation may proceed but no
buildings or structures or other construction that is not an Appropriate Use
may be placed in that area until the designated floodway map is changed
and a final Letter of Map Revision is received. The designated floodway map
will be revised upon acceptance and concurrence by IDNk/OWR and FEMA
of the "as -built" plans.
4-16-7-6 Development Activities in Delegated Communities Requiring State Review.
For those projects listed below located in a designated floodway, the following
criteria shall be submitted to IDNR/OWR for their review and concurrence and/or
permit prior to the issuance of a permit by a community or county delegated state
permitting authority in the floodway.
4-16-7-6-1 An engineer's analysis of the flood profile due to a proposed bridge pursuant
to 4-16-7-5-4.
4-16-7-6-2 An engineer's determination that an existing bridge or culvert crossing is not
a source of flood damage and the analysis indicating the proposed flood
profile, pursuant to this section. •
4-16-7-6-3 Alternative transition sections and hydraulically
equivalent storage pursuant to this section.
4-16-7-64 PROJECT TYPE 1: The construction of any IDNR/OWR projects, dams and
all other federal, state, or local units of government projects, including
projects of the municipality or county.
4-16-7-6-5 PROJECT TYPE 2: An engineer's determination that a proposed bridge
affected by backwater from a downstream receiving stream may be built with
a smaller opening.
4-16-7-6-6 PROJECT TYPE 3: Projects which revise or establish the floodway and/or
flood profiles.
4-16-7-6-7 PROJECT TYPE 4: Projects in public bodies of water.
4-16-7-7 Other Permits. In addition to the other requirements of this Ordinance, a
development permit for a site located in a floodway shall not be issued unless the
applicant first obtains a permit or written documentation that a permit is not required
from IDNR/OWR, issued pursuant to 615 ILCS 5/5 et seq. No correspondence from •
IDNR/OWR shall be required if the project meets the requirements of Regional
32
Permit 3. No permit from IDNR/OWR shall be required if IDNR/OWR has delegated
this responsibility to the City of Evanston.
4-16-7-8 Permits for Dams. Any work involving the construction, modification or removal of
a dam as previously defined and per 17 III. Adm. Code Part 3702 (Rules for
Construction of Dams) shall obtain an IDNR/OWR permit prior to the start of
construction of a dam. If the City Engineer finds a dam that does not have an
IDNR/OWR permit, the City Engineer shall immediately notify IDNR/OWR. If the
City Engineer the finds a dam which is believed to be in unsafe condition, the City
Engineer shall immediately notify the owner of the dam, the IDNR/OWR Bartlett
office, and the Illinois Emergency Management Agency (IEMA).
4-16-7-9 Activities That Do Not Require a Licensed Professional Engineer's Review.
The following activities may be permitted without a licensed professional engineer's
review. Such activities shall still meet the other requirements of this Ordinance,
including the mitigation requirements. Regional Permit 3 which authorizes, for
example, underground and overhead utilities, storm and sanitary sewer outfalls,
sidewalks, patios, athletic fields, playground equipment and stream bank protection
activities.
4-16-8 OCCUPATION AND USE OF SFHA AREAS WHERE FLOODWAYS ARE NOT
IDENTIFIED.
• In SFHA or floodplains, (including AE, AH, AO and Unnumbered A Zones) where
no floodways have been identified and no base flood or one hundred (100) year
frequency flood elevations have been established by FEMA, and draining more
than a square mile, no development shall be permitted unless the cumulative effect
of the proposals, when combined with all other existing and anticipated uses and
structures, shall not significantly impede or increase the flow and passage of the
floodwaters nor significantly increase the base flood or one hundred (100) year
frequency flood elevation.
4-16-8-1 Development Permit. No person, firm, corporation, or governmental body, not
exempted by state law, shall commence any development in a SFHA or floodplain
without first obtaining a development permit from the City Engineer.
4-16-8-1-1 Application. Application for a development permit shall be made on a form
provided by the City Engineer. The application shall be accompanied by
drawings of the site, drawn to scale showing property line dimensions; and
existing grade elevations and all changes in grade resulting from excavation
or filling, sealed by a licensed engineer, architect or surveyor; the location
and dimensions of all buildings and additions to buildings; and the elevations
of the lowest floor (including basement) of all proposed buildings subject to
the requirements of 4-16-9 of this Ordinance. The application for a
• development permit shall also include the following information:
A. A detailed description of the proposed activity, its purpose, and intended
use;
33
• 1:
B. Site location (including legal description) of the property, drawn to scale,
on the designated floodway maps, indicating whether it is proposed to be .
in an incorporated or unincorporated area;
C. Anticipated dates of initiation and completion of activity;
D. Plans of the proposed activity shall be provided which include as a
minimum:
1. A vicinity map showing the site of the activity, name of the
waterway, boundary lines, names of roads in the vicinity of the
site, graphic or numerical scale, and north arrow;
2. A plan view of the project and engineering study reach showing
existing and proposed conditions including principal dimensions of
the structure or work, elevations, using the North American
Vertical Datum of 1988, adjacent property lines and ownership,
drainage and flood control easements, distance between
proposed activity and navigation channel (when the proposed
construction is in or near a commercially navigable body of water),
floodplain limit, location and orientation of cross -sections, north
arrow, and a graphical or numerical scale;
3. Cross-section views of the project perpendicular to the flow of
floodwater and engineering study reach showing existing and •
proposed conditions including principal dimensions of the work as
shown in plan view, existing and proposed elevations, normal
water elevation, ten (10) year frequency flood elevation, one
hundred (100) year frequency flood elevation, and graphical or
numerical scales (horizontal and vertical); and
4. A soil erosion and sedimentation control plan for disturbed areas.
This plan shall include a description of the sequence of grading
activities and the temporary sediment and erosion control
measures to be implemented to mitigate their effects. This plan
shall also include a description of final stabilization and
revegetation measures, and the identification of a responsible
party to ensure post -construction maintenance.
E. Engineering calculations and supporting data shall be submitted showing
that the proposed work will meet the criteria of 4-16-8-3.
F. Any and all other federal, state, and local permits or approvals that may
be required for this type of development.
4-16-8-2 Base Flood Elevation. Based on the best available existing data according to •
federal, state or other sources, the City Engineer shall compare the elevation of
the site to the base flood or one hundred (100) year frequency flood elevation.
34
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Should no elevation information exist for the site, the developer's engineer shall
• calculate the elevation according to 4-16-5-4. Any development located on land
that can be shown to have been higher than the base flood elevation of the current
Flood Insurance Rate Map Identification is not in the SFHA and, therefore, not
subject to the requirements of this Ordinance. The City Engineer 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 City Engineer shall be responsible
for obtaining from the applicant copies of all other federal, state, and local permits,
approvals or waivers that may be required for this type of activity. The City
Engineer shall not issue the development permit unless all required federal, state,
and local permits have been obtained.
4-16-8-3 Preventing Increased. Damages. No development in the SFHA where a floodway
has not been determined shall create a damaging or potentially damaging
increase in flood heights or velocity or threat to public health, safety and welfare or
impair the natural hydrologic and hydraulic functions of the�floodway or channel, or
impair existing water quality or aquatic habitat. Construction impacts shall be
minimized by appropriate mitigation methods as called for in this Ordinance.
4-16-8-4 Determination of floodway. Within all riverine SFHAs where the floodway has
not been determined, the following standards shall apply:
4-16-8-4-1 The developer shall have a Licensed Professional Engineer state in writing
• and show through supporting plans, calculations, and data that the project
meets the engineering requirements of 4-16-7-5 for the entire floodplain as
calculated under the provisions of 4-16-5-4 of this Ordinance. As an
alternative, the developer should have an engineering study performed to
determine a floodway and submit that engineering study to IDNR/OWR and
FEMA for acceptance as a designated floodway. Upon acceptance of the
floodway by IDNR/OWR and FEMA, the developer shall then demonstrate
that the project meets the requirements of 4-16-7 for the designated
floodway. The floodway shall be defined according to the definition in 4-16-
2-17 of this Ordinance.
4-16-8-4-2 A development permit shall not be issued unless the applicant first obtains
an IDNR/OWR permit or a determination has been made that an
IDNR/OWR permit is not required.
4-16-84-3 Permits for Darns. Any work involving the construction, modification or
removal of a dam as defined in 4-16-2-16 per 17 Ill. Adm. Code Part 3702
(Rules for Construction of Dams) shall obtain an IDNR/OWR permit prior to
the start of construction of a dam. If the City Engineer finds a dam that does
not have an IDNR/OWR permit, the City Engineer shall immediately notify
the IDNR/OWR office. If the City Engineer finds a dam which is believed to
• be in unsafe condition, the City Engineer shall immediately notify the owner
of the dam, the IDNR/OWR office, and the Illinois Emergency Management
Agency (IEMA).
35
4-16-8-4-4 The following activities may be permitted without a Licensed Professional
Engineer's review or calculation of base flood elevation and designated •
floodway. Such activities shall still meet the other requirements of this
Ordinance.
A. Bridge and culvert crossings of streams in rural areas meeting conditions
of IDNR/OWR Statewide Permit number 2;
B. Barge fleeting facilities meeting conditions of IDNR/OWR
Statewide Permit No. 3;
C. Aerial utility crossings meeting conditions of IDNR/OWR Statewide
Permit No. 4;
D. Minor boat docks meeting conditions of IDNR/OWR Statewide Permit
No. 5;
E. Minor, non -obstructive activities meeting conditions of IDNR/OWR
Statewide Permit No. 6; activities (not involving fill or positive change in
grade) are covered by this permit:
F. Outfall structures and drainage ditch outlets meeting conditions of
IDNR/OWR Statewide Permit No. 7;
G. Underground pipeline and utility crossings meeting the conditions of
IDNR/OWR Statewide Permit No. 8;
H. Bank stabilization projects meeting the conditions of IDNR/OWR
Statewide Permit No. 9;
I. Accessory structures and additions to existing residential buildings
meeting the conditions of IDNR/OWR Statewide Permit No. 10;
J. Minor maintenance dredging activities meeting conditions of DNR/OWR
Statewide Permit No. 11;
K. Bridge and culvert replacement structures and bridge widening meeting
conditions of IDNR/OWR Statewide Permit No. 12;
L. Temporary construction activities meeting conditions of IDNR/OWR
Statewide Permit No. 13;
M. Special Uses of Public Waters meeting conditions of IDNR/OWR
Statewide Permit No. 14; and
N. Any development determined by IDNR/OWR to be located entirely within
a flood fringe area shall be exempt from State Floodway permit
requirements.
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85-0-08
4-16-8-4-5 The flood carrying capacity of any altered or relocated watercourse shall be
maintained.
• 4-16-8-5 Compensatory Storage. Whenever an portion of a floodplain is authorized for
p rY 9 Y P P
use, the volume of space which will be occupied by the authorized fill or structure
below the base flood or one hundred (100) year frequency flood elevation shall be
compensated for and balanced by a hydraulically equivalent volume of excavation
taken from below the base flood or one hundred (100) year frequency flood
elevation. The excavation volume shall be at least equal to 1.5 times the volume of
storage lost due to the fill or structure. In the case of streams and watercourses,
such excavation shall be made opposite or adjacent to the areas so filled or
occupied. All floodplain storage lost below the existing ten (10) year flood elevation
shall be replaced below the proposed ten (10) year flood elevation. All floodplain
storage lost above the existing ten (10) year flood elevation shall be replaced above
the proposed ten (10) year flood elevation. All such excavations shall be
constructed.to drain freely and openly to the watercourse.
4-16-9 PERMITTING REQUIREMENTS APPLICABLE TO ALL FLOODPLAIN AREAS.
4-16-9-1 General — In addition to the requirements found in 4-16-6, 4-16-7 and 4-16-8 for
development in flood fringes, designated floodways, and SFHA or floodplains where
no floodways have been identified, the following requirements shall be met:
4-16-9-1-1 Public Health Standards
• 446-9-1-2 No developments in the SFHA shall include locating or storing chemicals,
explosives, buoyant materials, animal wastes, fertilizers, flammable liquids,
pollutants, or other hazardous or toxic materials below the flood protection
elevation (FPE) unless such materials are stored in a floodproofed and
anchored storage tank and certified by a professional engineer or
floodproofed building constructed according to the requirements of 4-16-9-3
of this ordinance.
4-16-94 -3 Public utilities and facilities such as sewer, gas and electric shall be located
and constructed to minimize or eliminate flood damage.
4-16-9-1-4 Public sanitary sewer systems and water supply systems shall be located
and constructed to minimize or eliminate infiltration of flood waters into the
systems and discharges from the systems into flood waters.
4-16-9-1-5 New and replacement water supply systems, wells, 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.
4-16-9-1-6 All other activities defined as development shall be designed so as not to
• alter flood flows or increase potential flood damages
4-16-9-2 Carrying Capacity and Notification. For all projects involving channel
modification, fill, or stream maintenance (including levees), the flood carrying
37
• 1:
capacity of the watercourse shall be maintained. In addition, the City of Evanston
shall notify adjacent communities in writing 30 days prior to the issuance of a permit
for the alteration or relocation of the watercourse. •
4-16-9-3 Protecting Buildings. All buildings located within a one hundred (100) year
floodplain, also known as a SFHA, shall be protected from flood damage below the
flood protection elevation. This building protection criteria applies to the following
situations:
4-16-9-3-1 Construction or placement of a new building or alteration or addition to an
existing building valued at more than one thousand dollars ($1,000) or
seventy (70) square feet.
4-16-9-3-2 Substantial improvements or structural alterations made to an existing
building that increase the floor area by more than twenty percent (20%) or
equal or exceed the market value by fifty percent (50%). Alteration shall be
figured cumulatively subsequent to the adoption of this ordinance. If
substantially improved, the existing structure and the addition must meet the
flood protection standards of this section.
4-16-9-3-3 Repairs made to a substantially damaged building. These repairs shall be
figured cumulatively subsequent to the adoption of this ordinance. If
substantially damaged the entire structure must meet the flood protection
standards of this section.
4-16-9-3-4 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).
4-16-9-3-5 Installing a travel trailer or recreational vehicle on a site for more than 180
days per year; and
4-16-9-3-6 Repetitive loss to an existing building (see definitions). This building
protection requirement may be met by one of the methods described in 4-16-
9-4.
4-16-9-4 Methods of Building Protection. The building protection requirement may be met
by one of the following methods:
4-16-9-4-1 A residential or non-residential building, when allowed, may be constructed
on permanent land fill in accordance with the following:
A. The lowest floor (including basement) shall be at or above the flood
protection elevation; and
B. The fill shall be placed in layers no greater than six (6) inches deep before •
compaction and should extend at least twenty five (25) feet beyond the
foundation of the building before sloping below the flood protection
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elevation. The top of the fill shall be above the flood protection elevation.
• However, the twenty five (25) foot minimum may be waived if a structural
engineer certifies an alternative method to protect the building from
damages due to hydrostatic pressures. The fill shall be protected against
erosion and scour during flooding by vegetative cover, riprap or other
structural measure. The fill. shall -be composed of rock or soil and not
incorporate debris or refuse materials. The fill shall not adversely affect
the flow or surface drainage from or onto neighboring properties, and
when necessary, storm water management techniques such as swales or
basins shall be incorporated.
4-16-9-4-2 A residential or non-residential building may be elevated in accordance with
the following:
A. The building or improvements shall be elevated on crawl space, stilts,
piles, walls, or other foundation that is permanently open to flood waters
and not subject to damage by hydrostatic pressures of the base flood or
one hundred (100) year frequency flood. Designs must either by certified
by a licensed professional engineer or architect or the permanent
openings, one on each wall, shall be no more than one Foot above
existing grade, and consists of a minimum of two openings. The
openings must have 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; and
• B. The foundation and supporting members shall be anchored -and -aligned
PP 9
in relation to flood flows and adjoining structures so as to minimize
exposure to known hydrodynamic forces such as current, waves, ice and
floating debris; and
C. All areas below the flood protection elevation 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
flood protection elevation. Water and sewer pipes, electrical and
telephone lines, submersible pumps, and other waterproofed service
facilities may be located below the flood protection elevation provided
they are waterproofed; and
D. The areas below the flood protection elevation may only be used for the
parking of vehicles, building access or storage in an area other than a
basement and not later modified or occupied as habitable space; and
E. In lieu of the above criteria, the design methods to comply with these
requirements may be certified by licensed professional engineer or
• architect; and
F. Manufactured homes, and travel trailers to be installed on a site for more
than 180 days, shall be elevated to or above the flood protection
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85-0-08
elevation; and, 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 III. Adm. Code Part 870. In addition, all manufactured homes shall
meet the following elevation requirements:
1. In .the case of manufactured homes placed or substantially
improved (1) outside of a manufactured home park or subdivision,
(2) in a new manufactured home park or subdivision, (3) in an
expansion to an existing manufactured home park or subdivision,
or (4) in an existing manufactured home park or subdivision on
which a manufactured home has incurred substantial damage
- from a flood, the top of the lowest floor shall be elevated to or
above the flood protection elevation.
2. In the case of manufactured homes placed or substantially
improved in an existing manufactured home park or subdivision,
the manufactured home shall be elevated so that either the top of
the lowest floor is above the base flood elevation or the chassis is
at least 36 inches in height above grade and supported by
reinforced piers or other foundations of equivalent strength,
whichever is less.
G. Recreational vehicles or travel trailers shall be required to meet the
elevation and anchoring requirements of Subsection above unless: •
1. They are on site for fewer than 180 consecutive days; and,
2. They are fully licensed, ready for highway use, and used only for
recreation, camping, travel or seasonal use rather than as a
permanent dwelling. A recreational vehicle is ready for highway
use if it is on its wheels or jacking system, is attached to the site
only by quick disconnect type utility and service devices, and has
no permanently attached additions.
4-16-9-4-3 Only a non-residential building may be structurally dry floodproofed (in lieu of
elevation) provided that a licensed professional engineer or architect shall
certify that the building has been structurally dry floodproofed below the flood
protection elevation, the structure and attendant utility facilities are watertight
and capable of resisting the effects of the base flood or one hundred (100)
year frequency 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. Flood proofing measures
shall be operable without human intervention and without an outside source
of electricity- (levees, berms, floodwails and similar works are not considered
floodproofing for the purpose of this subsection). •
4-16-9-4-4 A building may be constructed with a crawlspace located below the flood
protection elevation provided that the building must be designed and
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85-0-08
adequately anchored to resist flotation, collapse, and lateral movement of the
• structure resulting from hydrodynamic and hydrostatic loads, including the
effects of buoyancy. Any enclosed area below the flood protection elevation
shall have openings that equalize hydrostatic pressures by allowing for the
automatic entry and exit of floodwaters. A minimum of one opening on each
wall having a total net area of not less than one square inch per one square
foot of enclosed area. The openings shall be no more than one (1) foot
above grade. The interior grade of the crawlspace below the flood protection
elevation must not be more than 2 feet below the lowest adjacent exterior
grade. The interior height of the crawlspace measured from the interior grade
of the crawl to the top of the foundation wall must not exceed 4 feet at any
point. An adequate drainage system must be installed to remove floodwaters
from the interior area of the crawlspace within a reasonable period of time
after a flood event. Portions of the building below the flood protection
elevation must be constructed with materials resistant to flood damage. Utility
systems within the crawlspace must be elevated above the flood protection
elevation.
4-16-9-4-5 Construction of new or substantially improved critical facilities shall be located
outside the limits of the floodplain. Construction of new critical facilities shall
be permissible within the floodplain if no feasible alternative site is available.
Critical facilities constructed within the SFHA shall have the lowest floor
(including basement) elevated or structurally dry floodproofed to the 500-year
flood frequency elevation or three feet above the level of the one hundred
• (100) year flood frequency elevation whichever is greater. Floodproofing and
sealing measures must be taken to ensure that toxic substances will not be
displaced by or released into floodwaters. Access routes elevated to or
above the level of the base flood elevation shall be provided to all critical
facilities.
4-16-9-4-6 Tool sheds, detached garages, and other minor accessory structures on an
existing single-family platted lot, may be constructed with the lowest floor
below the flood protection elevation in accordance with the following:
A. The building is not used for human habitation; and
B. All areas below the base flood or one hundred (100) year frequency flood
elevation shall be constructed with waterproof material. Structures
located in a designated floodway shall be constructed and placed on a
building site so as not to block the flow of flood waters and shall also meet
the Appropriate Use criteria of 4-16-7. In addition, all other requirements
of 4-16-6, 4-16-7 and 4-16-8 must be met; and
C. The structure shall be anchored to prevent flotation; and
• D. Service facilities such as electrical and heating equipment shall be
elevated or floodproofed to the flood protection elevation; and
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E. The building shall be valued at less than $10,000 and be less than 500
square feet in floor size; and •
F. The building shall be used only for the storage of vehicles or tools and
may not contain other rooms, workshops, greenhouses or similar uses
and cannot be modified later into another use; and
G. The building shall meet the permanent opening criteria of this section.
H. All flammable or toxic materials (gasoline, paint, insecticides, fertilizers,
etc.) shall be stored above the flood protection elevation; and
I. The lowest floor elevation should be documented and the owner advised
of the flood insurance implications.
4=16-9-4-7 Existing buildings located within a designated floodway shall also meet the
more restrictive Appropriate Use standards included in 4-16-7. Non-
conforming structures located in a designated floodway may remain in use
and may only be enlarged, replaced or structurally altered in accordance with
4-16-7-3. A non -conforming structure damaged by flood, fire, wind or other
natural or man-made disaster may be restored unless the damage exceeds
fifty percent (50%) of its market value before it was damaged, in which case it
shall conform to this Ordinance.
•
•
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4-16-1.0 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.
4-16-10-1 New subdivisions, manufactured home parks, annexation agreements, and Planned
Unit Developments (PUDs) within the SFHA shall be reviewed to assure that the
proposed developments are consistent with 4-16-6, 4-16-7, 4-16-8 and 4-16-9 of this
Ordinance and the need to minimize flood damage. Plats or plans for new
subdivisions, mobile home parks and Planned Unit Developments (PUDs) shall
include a signed statement by a Licensed 'Professional Engineer that the plat or
plans account for changes in the drainage of surface waters in accordance with the
Plat Act (765 ILCS 205/2).
4-16-10-2 Proposals for new subdivisions, manufactured home parks, travel trailer parks,
planned unit developments (PUDs) and additions to manufactured home parks and
additions to subdivisions shall include base flood or one hundred (100) year
frequency flood elevation data and floodway delineations. Where this information is
not available from an existing adopted study, the applicant's engineer shall be
responsible for calculating the base flood or one hundred (100) year frequency flood
elevation per 4.-16-5-4 and the floodway delineation per the definition in the section
on "Designated Floodway".
4-16-10-3 Streets, blocks, lots, parks and other public grounds shall be located and laid out in
• such a manner as to preserve and utilize natural streams and channels. Wherever
possible; the floodplains shall be included within parks or other public grounds.
4-16-10-4 The City Council shall not approve any Planned Unit Development (PUD) or plat of
subdivision located outside the corporate limits unless such agreement or plat is in
accordance with the provisions of this Ordinance.
4-16-10-5 All development shall be set back from the center line of any stream or channel or at
least the distance required to prevent encroachment of the floodway widths.
Floodway easements shall be provided which, will permit necessary channel
maintenance and improvement work.
4-16-10-6 All other activities defined as development shall be designed so as not to alter flood
flows or increase potential flood damages.
4-16-10-7 The elevation of the crown of any new street or the low point of any new exterior
parking areas constructed within or adjacent to the SFHA shall be not less than one
(1) foot above the Base Flood Elevation for the area. The design of such facilities
shall be such that the normal direction of course of drainage or runoff throughout the
area is not altered.
• 4-16-10-8 New development standards. All new developments shall have:
4-16-10-8-1 The proposed site of the structure filled so that the elevation of the top of the
foundation or lowest point of water entry for the structure is at the FPE.
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85-0-08
4-16-10-8-2 Basements, cellars or crawl spaces made of concrete, structurally adequat
poured in place with no openings below FPE except for openings for utilitieW
which shall be sealed, floodproofed and made watertight in a manner
acceptable to the Community Development Director.
4-16-10-8-3 A door sill, window sill or the base of any other opening in the outer walls of a
structure or any gravity connected sewer opening constructed at an elevation
not lower than the FPE, except at the point of access for an interior truck
dock which must be at least one and one-half feet above the Base Flood
Elevation.
4-16-10-8-4 All structures floodproofed, watertight and designed to prevent sewer backup
and groundwater seepage according to standards approved by the
Community Development Director.
4-16-10-8-5 The elevation of the ground for a minimum distance of 25 feet immediately
surrounding any building or structure erected or moved within or adjacent to a
SFHA at an elevation which is not less than one foot above the Base Flood
Elevation and no portion of the lot or parcel below the Base Flood Elevation.
4-16-11 VARIANCES
4-16-11-1 General. No variances shall be granted to any development located in a designated
floodway as defined in 4-16-2-17 "Designated Floodway However, when a•
development proposal is located outside of a designated floodway, and when the
standards of this Ordinance place undue hardship on a specific development
proposal, the applicant may apply for a variance. Upon proper application and after
15 days notice of public hearing, the Community Development Director and City
Engineer shall review the applicant's request for a variance and shall submit the
staff 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.
4-16-11-2 Requirements. No variance shall be granted unless the applicant demonstrates that
all of the following conditions are met:
4-16-11-2-1 The development activity cannot be located outside the SFHA; and
4-16-11-2-1 An exceptional hardship would result if the variance were not granted; and
4-16-11-2-2 The relief requested is the minimum necessary; and
4-16-11-2-3 There will be no additional threat to public health, safety, beneficial stream •
uses and functions, especially aquatic habitat, or creation of a nuisance; and
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85-0-08
4-16-11-2-4 There will be no additional public expense for flood protection, lost
• environmental stream uses and functions, rescue or relief operations,
policing, or repairs to streambeds and banks, roads, utilities, or other public
facilities; and
4-16-11-2-5 The provisions of 4-16-6 and 4-16-8 shall still be met; and
4-16-11-2-6 The activity is not in a designated floodway; and
4-16-11-2-7 The applicant's circumstances are unique and, do not establish a pattern
inconsistent with the intent of the NFIP; and
4-16-11-2-8 The granting of the variance will not alter the essential character of the area
involved including existing stream uses; and
4-1"6-11-2-9 All other required state and federal permits or waivers have been obtained
4-16-11-3 Notice. The Community Development Director shall notify an applicant in writing that
a variance from the, requirements of 4-16-9 that would lessen the degree of
protection to a building will:
4-16-11-3-1 Result in increased premium rates for flood insurance up to amounts as high
as $25 per $100 of insurance coverage; and
• 4-16-11-3-2 Increase the risks to life and property; and
4-16-11-3-3 Require that the applicant proceed with knowledge of these risks and that the
applicant will acknowledge in writing the assumption of the risk and liability.
4-16-11-4 Historic Sites. Variances requested in connection with restoration of a historic site or
historic structure as defined in 4-16-2-35 "Historic Structures", may be granted using
criteria more permissive than the requirements of 4-16-11-2, subject to the
conditions that the repair or rehabilitation is the minimum necessary to preserve the
historic character and design of the structure and the repair or rehabilitation will not
result in the structure being removed as a certified historic structure.
4-16-12 DISCLAIMER OF LIABILITY
4-16-12-1 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.
4-16-12-2 Larger floods may occur or flood heights may be increased by man-made or natural
causes.
• 4-16-12-3 This Ordinance does not imply that development, either inside or outside of the
SFHA, will be free from flooding or damage.
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85-0-08
4-16-12-4 This Ordinance does not create liability on the part of the City of Evanston or any
officer or employee thereof for any flood damage that results from reliance on thilb
Ordinance or any administrative decision made lawfully there under.
4-16-13 PENALTY
4-16-13-1 Failure to obtain a permit for development in the SFHA or failure to comply with the
requirements of a permit or conditions of variance resolution shall be deemed to be
a violation of this Ordinance. Upon due investigation, the Community Development
Director in consultation with the City Attorney and City Engineer may determine that
a violation of the minimum standards of this Ordinance exist. The Community
Development Director shall notify the owner in writing of such violation. If such
owner fails after ten days notice to correct the violation then:
4-16-13-1-1 The City of Evanston may make application to the Circuit Court for an
injunction requiring conformance with this Ordinance or make such other
order as the Court.
4-16-13-1-2 Any person who violates this Ordinance shall, upon conviction thereof, be
fined not less than fifty dollars ($50.00) or more than one -thousand dollars
($1,000.00) for each offense.
4-16-13-1-3 A separate offense shall be deemed committed upon each day during or on
which a violation occurs or continues.
4-16-13-1-4 The City of Evanston shall record a notice of violation on the title to the•
property.
4-16-13-2 The Community Development Director 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.
4-16-13-3 The Community Development Director is authorized to issue an order requiring the
suspension of the subject development. The stop -work order shall be in writing, shall
indicate the reason for the issuance, and shall order the action, if necessary, to
resolve the circumstances requiring the stop -work order. The stop -work order
constitutes a suspension of the permit.
4-16-13-4 No site development permit shall be permanently suspended or revoked until a
hearing is held. Written notice of such hearing shall be served on the permittee and
shall state: (1) the grounds for compliant or reasons for suspension or revocation;
and (2) the time and place of the hearing. At such hearing, the permittee shall be
given an opportunity to present evidence on his/her behalf. At the conclusion of the
hearing, the Community Development Director shall determine whether the permit
shall be suspended or revoked.
4-16-13-5 Nothing herein shall prevent the City of Evanston from taking such other lawful •
action to prevent or remedy any violations. All costs connected therewith shall
accrue to the person or persons responsible.
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• 4-16-14 ABROGATION AND GREATER RESTRICTIONS
4-16-14-1 This Ordinance is not intended to repeal, abrogate or impair any existing
easements, covenants, or deed restrictions.
4-16-14-2 Where this Ordinance and other ordinance, easements, covenants, or deed
restrictions conflict or overlap, whichever imposes the more stringent restrictions
shall prevail.
4-16-14-3 This Ordinance is intended to repeal the original ordinance or resolution which was
adopted to meet the National Flood insurance Program regulations, but is not
intended to repeal the resolution which the City of Evanston passed in order to
establish initial eligibility for the program
4-16-16 SEVERABILITY.
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.
4-16-16 EFFECTIVE DATE
•This Ordinance shall be in full force and effect from and after its passage and approval and
publication, as required by law.
SECTION 2: That all ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 3: That this Ordinance 85-0-08 shall be in full force and effect from and after
its passage, approval, and publication in the manner provided by law.
Introduced: t q , 2008 Approved:
Adopted: -1,A , 2008 , 2008
L rraine H. Morton, Mayor
Attestt - Approved as to form:
odney Gr ene, City lerk Elke Tober-Purze, interi
First Assistant Corporation Counsel
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