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S-372 - 04/12/1977 - VARIATION - Ordinances t ORDINANCE NO. -3 AN ORDINANCE GRANTING REZONING, SPECIAL,USE AND VARIATION TO PROPERTY COMMONLY KNOWN AS 900 HARDER ROAD, OAK BROOK, ILLINOIS WHEREAS, the owner of the Subject Property described in Section 2 below, has petitioned the Village of Oak Brook, Du Page and Cook Counties, Illinois, for rezoning, special use and variation for the Subject Property; and WHEREAS, the boards, commissions and agencies of the Village of Oak Brook have held all required public hearings pursuant to statutory pub- lic notice and have submitted all required reports and recommendations; and WHEREAS, the President and Board of Trustees deem the passage of this Ordinance to be in the best interest and pursuant to the general welfare of the Village of Oak Brook. NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Oak Brook, Du Page and Cook Counties, Illinois, as follows: SECTION 1: The provisions of the preamble hereinabove set forth are hereby restated herein as though herein fully set forth. SECTION 2: The provisions of this Ordinance shall apply to the property legally described in Exhibit A hereof, which is by this reference incorporated herein as though herein fully set forth. Such property is commonly known as 900 Harger Road, Oak Brook, Illinois, and is referred to as the "Subject Property" in this Ordinance. SECTION 3: The Subject Property is hereby designated as an R-4 Residential District pursuant to Section VII, F of Ordinance No. G-60, as amended, the Zon- ing Ordinance of the Village of Oak Brook, Illinois. SECTION 4: The Subject Property is hereby granted a Special Use Permit pursuant to Section VII, F, 2. c of the aforesaid Zoning Ordinance on the condi- tions (a) That the Subject Property be developed in accordance with the Preliminary Plat of Subdivision and attached topographical proposal received by the Engineering Department of the Village of Oak Brook on March 3, 1977, relating to the Subject Property, which documents are attached hereto as Exhibit B hereof, which is by this reference incorporated herein as though herein fully set forth. (b) That the provisions of the proposed Ordinance entitled: "AN ORDINANCE FOR THE MANAGEMENT AND CON- TROL OF FLOOD PLAINS AND WETLANDS WITHIN THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS, AND ITS ENVIRONS" :i c )j)v •.f .relic ►t i ► :ttt:u- 1 (t tt E'Xh it)it Y• which is t)}- this rq!fc-rcnce` inc.orpormc d herein as though herein fully set forth, shall apply to the lots in the same manner and with the same force and effect as though the said proposed Ordinance were in effect generally throughout the Village, except insofar as the terms of this Ordinance conflict therewith. SECTION 5: This Ordinance shall act as a variation with respect to the construc- tion of homes to include basements below the base flood elevation on the above described property under the provision of the proposed Ordinance referred to above in Section 4 (b) as the same may be amended prior to adoption, subject to the provisions of this Ordinance. SECTION 6: The Subject Property is hereby granted a variation to the provisions of Section VII, F, 2, c of the aforesaid Zoning Ordinance to permit development of a parcel not less than twenty-three (23) acres in area pursuant to the provisions of said Section and the conditions set forth in Section 4 hereof. SECTION 7: The Village Clerk is hereby authorized and directed to note the zoning grant made by this Ordinance upon the Official Zoning Map of the Village and all other pertinent Village records. SECTION 8: This Ordinance shall be in full force and effect from and after its passage and approval as by Statute in such case made and provided. This Ordi- nance shall be published in pamphlet form. a. SECTION 9: All ordinances, rules, and regulations of the Village of Oak Brook which are in conflict with the provisions of this Ordinance are hereby repealed to the extent of the conflict and only as they apply to the territory hereinbefore described. SECTION 10: If any section, subsection, sentence, clause, or phrase of this Ordi- nance is for any reason held to be invalid, such determination shall not affect the validity of any remaining portion of this Ordinance. PASSED this « day of 1977. AYES: NAYS: c� ABSENT: r APPROVED this day of 1977, ti President ATTEST i V illage,,Clerk Fled in the Office of the Village Clerk and published in pamphlet form by auth- ority ority of the President and Board of Trustees of the Village of Oak Brook this �v',day of `���-�. 1977. kA Village Clerk 1t�a,ho t OR.t)INANCE NO. Ai\ Oiil�l`�_�1\Cls FUR i'EM' NIANAGE'i'VIENT AND CONTROL. OF FL,OOD 111,AINS AND WETLANDS WITIIIN TILL VILLAGE OF OAK BROOK, DU PAGE, AND COOK COUL TIES, ILLINOIS. AND ITS )iNVIRONS WHEREAS, the Plan Commission of the Village of Oak Brook, Du Page and Coop Counties, Illinois, has studied the threats to the public health, safety and welfare of the Village resulting from the uncontrolled development of flood plain and wetland areas within the Village and its environs; and WHEREAS, the Plan Commission and Zoning Board of Appeals have held a joint public hearing pursuant to statutory public notice; to hear testimony on the problems presented by development of flood plains and solutions thereto, and.to consider this Ordinance; and WHEREAS, the Plan Commission and Zoning Board of Appeals of the Village have recommended the approval of this Ordinance to the President and Board of Trustees; and WHEREAS, the President and Board of Trustees of the Village of Oak.. Brook deem the passage of this Ordinance to be in the best interest and in furtherance of the general welfare of the Village of Oak Brook,, NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Oak Brook, Du Page and Cook Counties, Illinois, that: i jSECTION 1: The provisions of the preamble hereinabove set forth are hereby restated herein as though herein fully set forth. SECTION 2: Flood Plain and Wetlands Regulations ARTICLE I - GENERAL REGULATIONS Section 1.01: Purpose The purpose of this Ordinance is to diminish threats to public health and safety caused by flood- waters; reduce economic losses to individuals and the community at large; enhance community economic objectives; protect, conserve, and promote the orderly development of land and water resources; prevent victimization and fraud; and comply with the guidelines for the National Flood Insurance Program as published by the U.S. Department of Housing and Urban Development. The following criteria and purposes are established for the utilization and control of such flood plains and `ret.land areas: (a) to consider flooding and drainage problems as space allocation or land use problems and to the degree practicable allocate the natural flood- water storage space flood plains and wet lands -- for this purpose. (b) to use flood plains and wet lands only for land use purposes which are compatible witty their physical conditions thereby preventing the creation of new flood and drainage problems. �I (c) '1'r� :avoid tFac iilere tsE, of lipstreatn, stream, a,ld do%vtistream flood ri:;,:s by lare- venting; inrreased run-off and a redLAributiu:i of flood .v3ters. (d) To preserve and possibly enhance tin quan- tity of ground water supplies by maintaining open and undisturbed prime natural ground water recharge areas. (e) To preserve and possibly enhance the quatity- of ground and surface water resources by helping to control excess infiltration into sani- tary sewer :,ystems and by preventing the location of septic systems and mixed fills in an unfavorable physical environment. (f) To preserve distinctive flood plain and wet land flora and fauna. (g) To consider flood plain and suet land areas in density consideration in zoning and Sub- division determinations. (h) To improve the health, safety, and general welfare -)f the people of Oak Brook and its environs by lessening or avoiding hazards to persons and damage to property resulting from the accumulation or runoff of storm or floodwaters. (i) To preserve and possibly enhance the quality of the existing surface water by allowing the natural process of runoff and overbank flooding to accomplish what nature intended and to store floodwaters temporarily and to allow particulate, dissolved solids, and organic matter to settle, oxidize and digest out of the floodwaters before returning to the main strcamflow. Section 1.02: Additional Regulations and Repealer The provi- sions of this Ordinance are in addition to, and not in limitation of, all other ordinances, rules and regulations of the Village of Oak Brook, except for. (a) Section V. N. of Ordinance loo. G-60, as amended, which is hereby specifically repeated, and (b) Article V, Section 3.C.9 of Ordinance no. G-140, as amended, which is hereb; specifically rrpealed. Section 1.03: Definitions The following words and phrases, when used in this Ordinance shall mean the followin;: !a) Area of Special Flood Hazard: The land within the floodplain which is subject to a one percent chance of flooding annually. This area may also be identified as that which is subject to the one hundred year flood. (b) Base Flood Elevation: The elevation at all locations at which there is a one percent chance of flooding annually. • (c) Cont ertsatur Storarler: An artificially Ca:c:av;at(:lt v_j'e�___y____._.. volettite of storage used to !elan((: the loss of natural flood storage capacity when artificial fill or structures are place([ willtin the floodplain. The uncompensated loss of natural floodplain storage can increase off-sAc floodwater elevations and flows. (d) Curvilinear Line: The border on the Flood hazard Boundary Map (F1IBM) or Flood Insurance Rate Map (FIRM) that delineates the special flood hazard area and consists of a curved line or contour line that follows the topography. (e) Flood: The condition existing when the waters of any river, stream, creek, watercourse, lake or pond temporarily rise to a height above their normal levels and overflow the boundaries within which they are ordinarily contained. (f) Flood Boundary and Floodway Map (FBFM): An official map of the Village, issued by the Admini- strator of the Federal Insurance Administration, on which floodway and floodway fringe areas are identified. (g) Flood Frequency: A period of years during which a flood of a stated magnitude will be expected to occur once on the average. (h) Flood Hazard Boundary Map (FHBM): An official map of the Village, issued or approved by the Administrator of the Federal Insurance Administration, on which the boundaries of the floodplain areas having special hazards have been drawn. (i)_Flood Insurance Rate Map (FIRM): An official map of the Village, issued or approved by the Administrator of the Federal Insurance Administration, on which the area in which flood insurance may be sold under regular flood insurance program and the actuarial rate zones applicable to that area are delineated. (j) Flood of Record: An actual historical flood event for which sufficient records are available to establish its extent. (k) Floodolain: The area of special flood hazard ad- joining a watercourse whose surface elevation is lower than the Base Flood Elevation and which is subject to periodic inundation during floods. (1) Flood Profile: Graphical representations of the elevations of the water surface of the one hundred year flood along the watercourses of the Village. I (m) Floodprooing: Modifications to structures made to reduce damage resulting from floods. These changes may be made to existing, or incorporated in the design of new, .structures. (n) Flood Protr!ction iac-vation: The clGVltio:t utat to which uses rcb %:d lay this Urdiuuncc are required to be elevated or floodproofed. (o) Ir' god licturn Yeriocl_ Saine as Flood Frequency. (p) Floodwaters: The waters of any stream, river, creel:, watercourse, lake or pond which overflow the boundaries within which said waters are nor- mally contained. (q) Floodway: The channel of a watercourse and those portions of the adjoining floodplains which are reasonably required to carry and discharge the water of the one hundred year flood. (r) Floodway Encroachment Lines: The lateral boundaries of the floodway which separate it `rom the floodway fringes. (s) Floodway Fringe: The higher portion of the floodplain, immediately adjacent to and on either side of the floodway, occupied by quiescent or slow- moving waters during floods. That portion of the floodplain which is not otherwise identified as the floodway. (t) Freeboard: An increment of elevation added to the base flood elevation to provide a factor of safety for uncertainties in calculations, unknown locali- zed conditions, wave actions, and unpredictable effects such as may be caused by ice or debris jams. (u) Habitable Floor: Any floor used for living pur- poses, including a basement. (v) High-Water Elevation: The elevation of flood- waters of the one hundred year flood at any giver point (see (b) above). (w) Hydrostatic Pressure: The upward pressure exerted on floorslabs or an entire structure by standing water or groundwater, which tends to float a structure or crack the floor. It is measured by the difference in elevation between the surface under pressure and the surface level of the water. Hydrostatic pressure may also be horizontal, imposing forces on walls causing, them to.crack or fail. (x) One Hundred Year Flood: A flood magnitude with a one percent statistical chance of being equaled or exceeded during any year. A flood this large would be• reached once during a 100-year period, on the average. However, the occurrence of such an event does not diminish the chance of its recurring again at any time. i I c" Ex-G (y) \Valoicpurse: Any strearn, creels, brook. branch, natural or artificial depression, slougft, gulch, reservoir, lake, pond, or natural or man-made drainageway in or into which stormwater runoff and floodwaters flow either regularly or intermittently. +. (z) Wetlands: 1. The land areas in which the ground- water table or zone of saturation periodically intersects the surface and which contain wetland plant species that are listed in Norman C. Fassett, A Manual of Aquatic Plants (Madison: University of Wisconsin Press, 1957) and/or Floyd Swink, Plants of the Chicago Legion, Second Edition (Lisle, Illinois: The Morton Arboretorn. 1974), and/or Henry A. Gleason, The New Britton and Brown Illustrated Flora of.the Northeastern United States and Adace_nt Canada (New York: Hafner Press, 1952). Wetland plants are distinguished from aquatic plants in that they are limited to species that can complete their life cycle without submersion but which have the ability to withstand a permanent or seasonally long submersion of at least the plant root system. 2. Wetlands, for the purposes of this Ordinance, are also defined to include areas of poorly drained soils with a water table within two (2) feet of the ground surface for at least three (3) months of the year. Section 1.04: Maps and Profiles The maps and profiles listed, or* from the sources listed, in each subsection below shall govern the classification of land within the Village for the purposes of this Ordinance, insofar as the information related thereby is certified as accurate by the Village Engineer. (a) Village Maps: Official maps which depict the floodplains, ft ways, floodway fringes, and floodway encroachment lines, and maps prepared by the following organizations: (1) Floods in Hinsdale Quadrangle, Illinois Hydrologic Investigation Atlas HA-86 _ Published by U.S. Geological Survey, 1964. (2) Floods in Wheaton Quadrangle, Illinois Hydrologic Investigation Atlas HA-148 Published by U.S. Geological Survey, 1965. (3) Des Plaines River Flood Plain Information Maps and Profiles prepared by Des Plaines River Steering Committees, December, 1975. (4) Upper Salt Creek Watershed Work Plan prepared with the assistance of Soil Conser- vation Service of the U.S. Department of Agriculture, May, 1973. (5) Federal Insurance Administration. (b) Flood Profiles: Flood profiles which describe the expected elevation of floods along the center lines of the principal watercourses of this Village, and profiles prepared by the following organizations: (1) Floods in Hinsdale Quadrangle, Illinois Hydrologic Investigation Atlas ILA-86 pub- lished by ll.S. Ceologient Survey, 1964. J';t�;i• ('r 5..3'1 =- (2) Floods in w11(-aton Quadrangle, Illinoi!s Hydrologic Itavegtigation Atlas li k, 148 Published by 1J.S. Ct!ological Survey, 1 U65. (3) De_; Plaines Rig er blood Plain Information Maps and Profiles prepared by Des Plaines e River Steering Committees, December, 1975. (4) Upper Salt Creek Watershed Work Plan preparers with the assistance of Soil Conservation Service of the U.S. Department of Agriculture, May, 1973. (5) Federal Insurance Administration. (c) ^onflicts between Maps and Profiles: In the event a conflict arises between the information depicted by the official village floodplain maps and profiles, and in the absence of any overriding information to the contrary, the data prescribed by the profiles will govern. (d) 1. One Hundred Year Flood: Information pertaining to the one hundred year flood incorporated in this Ordinance, including maps and profiles, has been extracted from and is based on the studies and reports listed in subsections (a) and (b) above. 2. Flood of Record: Information pertaining to the flood of record incorporated in this Ordinance, including maps and profiles, has been extracted from and is based on the studies and reports listed in sub- sections (a) and (b) above. (e) Official Elevations: The system of official Bench Marks and elevations already established in the area by the U.S. Coast and Geodetic Survey (First Order Level Networks) or the U.S. Geological Survey shall hereafter be taken by engineers, surveyors, archi- tects, and contractors when making topographical surveys and maps, and when setting grades and elevations of buildings, pavements, drainage facilities, and other strratures of works publicly constructed or regulated by the Village, (f) Lateral Transfer of Elevations: For purposes of this Ordinance, the high-water elevation applicable to a specific site, if not otherwise depicted by the official maps and profiles described above, shall be that elevation established for the adjoining stream or channel measured at right angles to the general direction of flow in that stream or channel. Section 1. 05:_Cener_al Conditions '1'lhc following general coriditioni'; shalt :apply in Articles 2, 3, and 4 below: (a) F1god1,v:tvs. On lots containing floodways, which have been identified in Section 1.04 of this Ordinance, fill, encroachments, and new construction and substantial improvements of existitg structures, shall be prohibited, except such as are specifically permitted in floodways by the ordinances, rules and regulations of the Village of Oak Brook. (b) Floodway Frinees: On lots containing floodway fringes, which have been identified in Section 1.04 of this Ordinance, construction, filling or use of those low lying lands shall be prohibited except such as are specifically j permitted in floodway fringes by the ordinances, rules and regulations of the Village of Oak Brook. I - (c) Floodolains of the Flood gf Etecord: If the only information pertaining to an area is that described by the floodplains associated with the flood of historical record, all of each of such floodplains are hereby classified as a floodway until the President and Board of Trustees of the Village determine, after review of pertinent information, that such an area should be reclassified and reclassify such area by ordinance or resolution. (d) Comgensatory Storage: _ Whenever any portion of a floodpiain is authorized for use, the volume of space which will be occupied by the authorized fill or structure below the base flood elevation shall be compensated for and balanced by at least an equal volume of excavation taken from below the base flood elevation. In the case of streams or water- courses, such excavation shall be made opposite or immediately adjacent to the areas so filled or occupied. All such excavations should be constructed to-drain freely and openly to the watercourse. All earthnmving in the Village of Oak Brook shall be pursuant to a permit issued in accordance with applicable ordinances, rules and regulations of the Village of Oak Brook. (e) Freeboard: All structures located in a floodplain will be required to be so sited on fill or otherwise designed and constructed so as to be floodproofed for at least three (3.0) feet above the base flood elevation. (f) One Hundred Year Flood: Wherever the areas expected to be inundated by the one hundred year flood have been specifically identified, it is the intention of this Ordinance to provide protection in those areas against the high waters of that flood. I . P _ ex-C. i S-3012 (g) ilastorir.:al 1�'tarod of Record: In the ab encr: of ,ipccific infua•mation pevtairainfl tr, the one hundr-d year flood, it is Cite intention of this Ordinance: to provide protection in the low 104; areas of the Village :►bainst the high waters of the historical MMNt flood of record. j (11) Laird Use Controls. This Ordinance: is not intended { to reduce or eliminate existing flooding. On the l contrary, these regulations are designed to guide and control development in such a manner as to lessen the damaging effects of floods on future de4i.4opr^.ents proposed for the low lying areas of the Village and j I other areas which may be affected by development of areas within the Village. (i) Disclaimer of Liability: This Ordinance is remedial, based on historical records, engineering and scientific methods of study. Its passage does not imply that land affected by this Ordinance will be free.from flooding or flood damage. . This Ordinance shall not create any liability on the part of the Village of Oak Brook or any officer, employee, or.agent thereof for any flood damage which may result from reliance on, actions taken or omitted, or decisions rendered under, this Ordinance. Sec Structures and Uses (a) Nonconforming Structures: Nonconforming structures may remain in use subject to the following regulations: (1) Alterations A nonconforming structure shall not be enlarged, replaced or structur- ally altered. A nonconforming structure accidentally damaged may be restored unless the damage exceeds fifty percent (50%) of its replacement value in which case. it must thereafter.conform to this ordinance. The Building Commissioner shall determine the amount of damage. (2) Construction Approved Prior to Adoption of-this Ordinance ropose structures for which building of permits have been issued and all lots which i .i have received variations prior to their desig- nation as nonconforming by adoption of this E Ordinance may be completed and used as originally intended subject to the provisions of this Ordinance relating to nonconforming structures anti uses. (b) Nonconforming Uses: Nonconforming uses may be continued subject to the following regulations: (1) Extensions A nonconforming use shall not be expanded or moved to occupy any portion of the premises, either land or structure, which was not originally occupied by the non- conforming use. (2) Discontinuance: Whenever a rron- contorrniia_ se.c of arry premises hers t�eF u cliscorrtinrred for a period of twelve (12) Months, it Vlay riot be ree stab Ushed. (3)Lha_jig�!s A nonconforming use shall ® not be changed to another or different nonconforming use. A.R'IICLE II - rERMITTED AND SPECML USES i Section 2.01: Occupation and Use of Flood%vays In floodways on!-,r those uses will be permitted which will not affect: (1) the rate of flow or quantity of floodwaters flowing into, over or off of the subject property; (2) the available detention area of the flood plain; or (3) an increase in the risk of blockages forming in a fiood:vay during a flood. (a) Permitted Uses: The following uses, when permitted by the Oak Brook Zoning Ordinance, Ordinance No. G-60, as amended, of the Village of Oak Brook, are found to have a low flood damage potential and are specifically permitted . if they will not obstruct flood flows, provided that no structure, fill, or storage of materials or equipment is required. (1) General agricultural or horticultural; y (2) Private and public recreational; (3) Residential use as lawns, gardens or play areas; (4) Bridges, docks, piers, retaining walls and headwalls. (b) Special Uses: Uses not listed above which are permitted or special uses=under the Oak Brook Zoning Ordinance for the subject property may be allowed upon issuance of a special use permit as set forth below. Section 2.02: Occupation and Use of Floodway Fringes In floodw.ay fringes only those uses wilt be permitted which will not affect the capacity of the floodway fringe to store or detain floodwaters. (a) Permitted Uses: The uses listed in Section 2.01 (a) hereof and any other uses permitted by the applicable provisions of the Oak Brook Zoning Ordinance which will not adversely affect the capacity of channels, floodways, or drainage facilities or systems. (b) Special Uses: Uses not listed above which are permitted or special uses under the Oak Brook Zoning Ordinance for the subject property may be allowed upon issuance of a special use permit as set forth below. X_�. Secticxr 'l..C1:i: Uce:tq:miion and Use of W(Al:inds h, :vetlwkds only those 11De s will I)e permitted which will not affect wivers;ety vie quantity or quality of the public water supplyytor the: health arid -a.fcty of the Village and its environs. �. (a) perrciitted Uses: !'lie uses listed in Section 2.01 (a) arid any other uses permitted by the applicable provisions of the Oak- Brook Zoning Ordinance which will not adversely affect the public water supply, drainage, storm water runoff or detention, or the public health and sanitation. (b) Special Uses: Uses not listed above which are per- mitted or special uses under the Oak Brook Zoning j Ordinance for the subject property may be allowed upon issuance of a special use permit as set forth below. Section 2.04: Special Use Permits I. Application Procedure Any use listed in this Ordinance as requiring a special use permit may be allowed only upon application to and issuance of a special use permit by the Village. Upon receipt of the application in duplicate and payment of a fee to be deter- mined by the Village, the Village Clerk shall forthwith submit the application to the Plan Commission and President and Board of Trustees of the Village of Oak Brook (hereinafter referred to as the "Plan Commission" and "President and Board of Trustees" respectively. } II, Procedure to be Followed by the Plan Commission in Making Recommendations Concerning Special Use Permits Upon receiving an application for a special use permit, the Plan Commission may, prior to making a recommendation thereon: (a) Require the applicants to furnish three copies of such of the following information, prepared by a professional Engineer or Land Surveyor, registered as such in th, State of Illinois, as is deemed necessary by the Plan Commission for determining the suitability of the particular site for the proposed use: (1) Plans drawn to a readable scale showing location, nature, dimensions, and elevation of the lot, existing or proposed structures, fill, storage of materials, flood-proofing meas- ures, and the relationship of the above to the location of the channel, floodway, and the flood-protection elevation. (2) Typical valley cross-sections) drawn to a scale of 1" to 100' and a vertical scale of 1" to 10' showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high-water elevation. i • j (3) Plain.. (:.surface view) shoving rela- vaitions or contours of the grotutd; pertinent :structure, fill, or story go el;:vatlions; size, location, and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets, water supply, sanitary facilities; soil types, and other pertinent information. i (4) Photographs showing existing land uses and vegetation upstream and downstream. (5) A profile showing the slope of the bottom of the channel or flow line of the stream. (6) Specifications for building construc- tion and materials, flood-proofing, filling, dredging, grading, charnel improvements, storage of materialsp `eater supply, and sanitary facilities. (b) Transmit one copy of the information described in . _ subsection I (a) to the Village Engineer for technical assistance, where necessary, in evaluating the proposed project in relation to flood heights and velocities; the seriousness of flood damage to the use; the adequacy of the plans for protection; and other technical matters. (c) Based upon the technical evaluation of the Village j Engineer, determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard. M. Factors Upon Which the Recommendations of the Plan Commission Shall Be Based In malting recommen3ations upon applications for special use permits, the Plan.Commission shall consider all.re!evant factors specified in other sections of this Ordinance, including but not limited to the following: (a) The danger to life and property due to increased flood heights or velocities caused by encroachments; (b)The danger that materials may be swept on to other lands, or cross-stream, upstream, or down- stream to the injury of others; (c) The proposed water supply and sanitation systems and the ability of thesse systems to prevent disease, contamination, and unsanitary conditions; (d) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners; (e) The importance of the services provided by the proposed facility to the c01xununity; I l EX,,,/.1�� (f) "rhe rcquiretncnts of the facility for -a tvalu11 "111 location; (f*) The coutpatibilitY- of the proposed use with existing i on development attd development anticipated in tine fore- seeable future; (h) The relationship of the proposed use to the corapre- hensive plan and flood-plain management program for the area; (i) 'rile safety of access to the property in times of flood for ordinary and emergency vehicles; (3) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and (k) Such other factors which are relevant to the purposes of this Ordinance. IV. Conditions_Attached to Special Use Permits Upon consideration of The Plan Commission recommendation, the factors listed above, and the purpose of this Ordinance, the President and Board of Trustees may grant, deny, or attach such conditions to the granting of, special use permits as they deem necessary to further the purposes of this Ordinance. Among such conditions, without limitation because of specific enumeration, may be included: - (a)Modification of waste disposal and water-supply facilities; (b) Limitations onperiods of use and operation; (c) Imposition of operational controls, deposit of surety bonds, and deed restrictions; (d) Requirements.for construction of channel modifications, dikes, levees, and other protec- tive measures; and (e) Flood-proofing measures designed to be consistent with the flood-protection elevation for the particular area, flood velocities, durations, rate of rise, hydrostatic and hydrodynamic forces, and other factors associated with the one hundred year flood. In this event, the,President and Board of Trustees shall require that the applicant submit a plan or document certified by a registered professional engineer that the flood proofing measures are consistent with the flood protection elevation and associated flood factors for the particular area and shall be provided in accordance with the standards for completely flood-proofed structures contained within the United States Army Corps of Engir_eers publication. "Flood-Proofing Regulations," June, 1972, C e"O. 1973 0-505-026 edition. or any subsequent edition thereof. Section 2.05. Variations Variations to the provisions of this Ordinance may be granted by the President and Board of Trustees uport recotTimendation by the Plan Commission. t . I. 1't•oc c cl ta•e t i (a) A person desiring; a variation of the• provisions of this Ordinance shall fill, an appli- cation in triplicate, accompanied by a fee to be determined by the Village, with the Village Clerk. 1 (b) The Village Clerk shall forward one copy i of the application to the Plan Commission and one copy to the Board of Trustees. f (c) The Plan Commission shall hold a public hearing on the application pursuant to notice published not less than 15 nor more than 30 days prior to such public hearing. (d) The Plan Commission shall then forward its recommendation to the President and Board of Trustees which may grant or deny the request or grant the request subject to any and all conditions and restrictions necessary to assure that the intent of this Ordinance is adhered to. II. Standards The recommendation of the Plan Commission and the decision of the President and Board of Trustees on an applica- tion for a variation to the provisions of this Ordinance shall be based on the following standards: (a) A showing of good and sufficient cause. (b) A determination that failure to grant the variation would result in exceptional hardship to the applicant; and (c)A determination that the variation will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, -cause fraud on or victimization of the public, conflict with other, existing ordinances, or conflict with the intent of this Ordinance- ARTICLE III - SUBDIVISION AND IMPROVEMENT REGULATIONS Section 3.01: Required Information Accompanying the preliminary or final plat of each proposed subdivision which involves any portion of a floodplain as described by the official maps of this Village, there shall be furnished the following information and data: (a) Contour Map: A topographic map with one- foot interval contours of the land to be sub- divided and such adjoining land the topography of which may affect the layout or drainage of the subdivision. On such a map, there shall be shown the following: (1) The aeation of streams and other watercourses, their normal channels, the extent of their floodplains at the established high- water elevations, and the limits of the floodway, all properly identified. • I �y x-C (2) J'he normat.shoreline of lakes, ponds, swamps, and detention bZtSh15, their floodplains and inles of inftoVI and outflow, if any. Me t (3) The Location of farm and/or Field drains and their inlets and outlets, (4) Culverts, storm, sanitary, and combined servers and any sewer outfalis. (5) Septic tank systems and outlets, if any. (6) Seeps, springs, and flowing and other wells. (7) Location of existing structures that will remain. (b) Channel Profiles: Profile drawings of each stream, channel, pond, and basin showing elevations of the following: (1) The streambed. (2) Channel banks, if any. (3) Waterway openings of existing culverts and bridges within and near the tract. (4) Size and elevation of sewer and drain outlets into the stream channel or basin. (5) The high--water elevations, as established by this Ordinance. Section 3 02: Mdivision Design The following rules shall govern the design of land improvements with respect to floods: ` (a) General: All proposed subdivision and other developments, within the floodplain shall be re- viewed to assure that the proposed developments are consistent with the need to minimize flood damage, that all public utilities and facilities (such as sewer,gas, electrical and water systems) are located and constructed to minimize or eliminate flood damage and that adequate drainage is provided. (b) Design: Streets, blocks, depths of lots, parks, and other public grounds shall be located and laid out in such a manner as to preserve and utilize natural streams, channels, and detention basins. Whenever possible, the larger streams and flood- plains shall be included within parks or other public grounds. (c) Channel Straightening,: Sharply meandering s*seams or channels may be partially straightened • I C-X--C. and ►r.itu�r c:tuu►i;c ttt:ttl^ itt other chann s, subi,-ct to th(,! aplwovai or the 1,re3ide:nt anti Ur.)urd of TrusLees after its review or a Plan Cominisnion re:corninendation, provided: (1) tilt: ityclt•aulic capacity o[' thw floodplain ON stoe•ac;e outside the floodway is maintained; (2) " # the votutne of floodwater storage outside the flood-.-ray is not reduced; artd (:3) provision is made to stabilize the banks of the modified channel to control erosion. (d) Floodplain Lots: hand lying partially in a fiood- plain may be laid out and platted as building lots or parcels, provided a building site not lower than the applicable high-crater elevation plus three (3) feet exists on the high part of the lot or parcel within the buildable area as defined in Ordinance No. G-60, as amended, the Zoning Ordinance of the Village of Oak Brook, of such lot or parcel, (e) Compensatory Storage: Such filling as may be . required or permitted by this Ordinance for a building site, or as may otherwise be done in a floodplain, shall be compensated for and balanced by at least an equal volume of excavation taken from below the high-water elevation. In case of streams, and channels, such excavation shall be made opposite or just upstream from the area which is to be filled and shall be constructed to drain freely and openly to the watercourse. k (f) Street Pavements: The crown of street pavements hereafter constructed m floodplains shall not be lower than the established high-water elevation plus one (1) foot in the case of major streets and plus zero (0) feet in the case of other streets. j (g) Rear Lot Lines: Whenever the plans calll,for the 4 passage of floodwaters, surface runoff, or excess starrawater along rear lot lines, the grading of all such lots shall be prescribed and established as part of the subdivision plat. Within these floodway areas so designated for the passage of such waters; no structure or fences may be erected, no shrubbery or trees may be planted, and no changes may be made to the prescribed grades and contours of the speci- fied floodwater or stormwater runoff channels. (h) Manholes: All sanitary sewer manholes con- structed in a floodplain must have a rim elevation of a minimum of three (3) feet above the base flood elevation.. (i) Mater Supply and Sanitary Sewer Systems: The design of water supply and sanitary sewer systems to be located in the floodplain shall minimize or eliminate the discharges from the system into the floodwaters and the infiltration of floodwaters into the system. On-site waste disposal systems shall be located so as to avoid impairment of them or contamination from them during or subsequent to the one hundred year flood. A111,IC1..E IV - L'I11L.M.-NIC; REGUI.ATIO15 Section 4.01: Permits Building powmits are required for all proposed c.onstl•uction or other itlilwovrments in thc: r1w)cdplain v..r•'.:.e having special fEoud hazards. The bidtrli.ng permit will be tECVie:ve.d to assure that ttre proposed construction i�; designed and anchored to prevent flotation, coLialjsF_- or lairs luavernent of the structure. At the time of issuing; a bui.ldirip. ON permit, the followillb information will ije noted and recur•dr.ri +. by the Village: (a) Elevation of the lowest floor (including basement). (b) Where the elevation of the lowest floor is below grade on one or more sides, the elevation of the floor immediately above. Section 4 02: Building Wall Openings Any doorsill, windolv:,ilt., base of any other opening to the outer walls of amain building; r,r- structure shall be constructed at an elevation not lower than th,. base flood elevation plus three (3) feet, unless surrounded by a ' watertight areaway whose top is not lower than the aforesaid minimum elevation. Section 4.03: Outer Walls and Basement Floors The outer via:?- basement floor, and areaways of a building which enclose open which is below the established base flood elevation lalus three (u; feet shall be constructed o:masonry materials up to the minim= prescribed elevation, and shall be watertight and designed to withstand the hydrostatic pressure caused by floodwaters three t°_•: I feet above the base flood elevation. Section 4.04: Building Site Each main building or structure shall have or shall be provided with a site, area or yard that j is not lower than the established base flood elevation plus (2) feet and which shall extend beyond the outside walls for a distance of at least (5) feet. The finished grade or surface of the area beyond the aforesaid five foot distance shall be graded and surfaced so as to drain away from the walls to the natural ground level over a distance of not less than five additional feet nor more than.ten additional feet. Section 4.05: Design Criteria The following general design criteria shall apply to all structures which may be authorized in floodplains: (a) Habitable Structures: The lowest floor, in- eluding the basement, of habitable structures must be at an elevation of not less than that of the base flood elevation plus three (3) feet, unless adequately floodproofed. (b) Walls: The walls, floors, foundations, and other features which may be authorized for con- struction or installation at or below the base flood elevation plus three (3) feet must be designed to resist appropriate hydrostatic pressures. (c) Anchorin : All authorized structures, including underground tanks, shall be firmly anchored to prevent flotation. Anchoring materials shall be rust resistant. V-3 71A l'aj; ' t•r (d) Serve Es t'rleilitien: °.I'c� ttu: rn:as ier►uerl a lent. feasible. sllt sex vice facilitic:;, such as electric-.l and he:llirlg ecquip:nent, will be installed. corl- structed, or otliet•wise protectf-A so as to rernain operational siloulcl floorlVraters reach the base flood elevation plus five (5) feet. Water supply and waste treatment systems shall be designed and constructed so as to prevent the entrance of flood waters. (e) Floodprou£ing: Where the lowest floor elevation (including basement) is below the base flood elevation plus three (3) feet, the structure, with the attendant utility and sanitary facilities, shall be floodproofed to a level of three (3) feet above the base flood elevation in accordance with the standards for completely floodproofed Structures contained within Sections 210.2.1. FPl or 210.2.2. FP2 of the U.S. Army Corps of Engineers publication entitled ! "Flood-Proofing Regulations, June, 1972, GPO: 1973 0-505-026 edition or any subsequent edition thereof. Where floodpioofing is required, a registered professional engineer or architect shall certify that the floodproofing methods employed are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the one hundred year flood. A record of such certificates shall be maintained in the Village. i i • i SECTION? 3: Violation, Penalty and Enforcement 1. Any person, firm or corporation who violates, disobeys, omits, neglects, refuses to comply with or who resists enforcement of any of the provisions of this Ordinance shall, upon conviction, be fined not less than$25 nor more than $500 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. 2. The Building Commissioner is hereby designated and authorized to enforce this Ordinance. However, it shall also be the duty of all officers, citizens and employees of the Village, particularly of all members of the police and fire departments, to assist the Building Commissioner by reporting to hire any new construction, reconstruction, improper land uses, or upon seeming violations of this Ordinance. SEC_ TION 4: This Ordinance shall be in full force and effect from and after its passage, approval, and publication as by statute in such cases made and provided. This Ordinance shall be published in pamphlet form. SECTION 5: R any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such determination shall not affect the validity of any remaining portion of this Ordinance. PASSED this day of 1977. I ' AYES: HAYS: bL i i lF1l"1..°l:1. VI-11l.) thi-s �_�.._ day of�_._.e..._.._......._.m..»-..a......_._._° lf)`I/. m President ATTEST: i I Village Clerk Filed in the Office of the Village Clerk and published in pamphlet form by authority of the President and Board of Trustees of the Village of Oak Brook this day of 1977. Village Clerk APPROVED as to form Village Attorney I P eel No.TNG_ G 4.OxeN A-'Ce rsf l E pp • IN THE GSS"A OF;SECTION 23•SOGN5113P a NOR'IX•RANGE 11 Imataly 633c{42 A9 aze EersE IA.BI2..' ]J•NP SVOOIVIS ON S3TUATlF.�I..SNE-GSS IIALP OP:SECSION 2].SOaNb IP yASS OY TN6 SY''IRD'PRINC3PAL.ISI:IOIAN A".RECORDED AN INS, •39 NORTNI IIAN B 31 EASS O. IE TIIAD RINCIPAL NEAIDIAN-AND NO. .13 ISIS PAGE COONW,ILLINOIS,-..',E N0NT11¢ALY RECORDS A.OOCYMEGt NO.R14-.6)91 iN DU PAGE COUNTY.ILLINOIS%. -AIANG'AN G T1A1Y LINE—6A10 C.O.ON.L CO.ASSEBSNCNS gfA�� :THENCE NOTRGSTEALY ALGVG.A SOUTHERLY LIRE OF 9.30 NERAY LANE PLAT.A STANCE or").35 FEET TO Ad ANGLE POINT ON 5116 '.n"0 I"I®JpN - LEGAL �m /gyp •L1 C.O.OMEN i CO.PROPGTY SUEDIVISIOM•A OI6TANCE OP 6S.]I F6T TO AN ANGLE POINT SNPAICE EOUPH LI41 OP NERAY LANE SUHOIVISION SITUATED IN TIIE EAST HALP gY1 -.MNI Exh1I VAL ®GSVSt�PTIOE� SOUTIIGSTE11OF MANG SEE BTO AN A Gp SAID T;TH NCt EASTERLY OF SECTION 23, IAN AVG 39 NORM.PANGS 33 EAST OP SNP.TNIRD R-3 -- t DISTANCE OF 71.01 FEET TO AN ANGLE IMINT:S116NCE LAST£11LY ALONG pA[NCIPAL G6PIOIAN AND REEMDEO AS DLKVNENT W.R64-66]91 IN NORTtl OF HA0.G6A ROAD 2He SOUTHERLY LINE OY SAID NERAY LANE SODDI-10N(PART OP NNICN DO PAGE COUNTY.ILLINOIS:IREACE BASTENLY ALONE:INN SOUTN LINE �S Parcel No.One- ".I'O n.Jr.'s 900 Raigec ItOtla SHAT PAIL OF 11JY 3 OF C.D.OV@1 6 CO..ASSTSBM&Tf'PLAT SITUATED IN..FALLS IN THE CIIANNEL.OP SALT<PEERJ.A DISSANC¢OF 1185.]5 F6T OP SAID liiRRY LANE SUOOIVI54FE tlM A T118 CSNTEk LINE OP SALT �1` Appro.vmacaly 1]9.OD3 Rgvasa£e e o HE EAST EALY OF SECTION 2l. SOVNSHIP 39 NO0.T11.GNGE 11 PAR TO A POIHS ON AN°ASTERLY LINE OF SAID C.O.OVER L CO.;SSE HE" ,GREEN•A DISTANCE OF 300.95 FEET PO A POINT ml TXE EAST LINE v^ 3.901 i�a OF THE TNIPD DRINCIP.L REAIDIAN AND R¢COROBD AS OOCUNENT HO. PWT:THENCE 80VI.:11L�AI-0EG SA[D CASTEALY LtGC OF C.O.OH6H 3 CO. OF SAID 56C I10N II.R61NG TN¢SOUTHE.ST LOANER OF SASD N¢R0.Y kY A SESSNENT PLAT.A DISTANCE TANCE OP 6]2.30 FEET TO THE PLACE O! LANE SUDDIVISION.THENCE SPUIEERLY A...THE EAST \\ B S-1SaS IN W PAGE CWNIY.ILLINOIS OSSCRIEBD A' MLWS1CO AEGINNING. SAID S¢C—2l. DISTANCE OF]).SO PEEFI TO-THE PV�.C�B O-- -_ EG2HNING AT A SOUTIIEAST6PLV CO ER OF SHED C.O.OMEN L CO. BEGINNING. 1 PROPERTY SSESSNBNS PLAT BEING A POINT.ON THE CENTER LINE OF IIA 6R ROAD:TOENCE WESTERLY ALONG CENTER LINE OP INRGET ROAD. DISTANCE OY'332.]6 FEET TO AN ANGLE POINT,THENCE SOUTIWESTERL appro.im aquec! NORSN OY NARGZR\ AO ALONG THC CENTS -LIN OF GPG ROAD.A DISTANCE OF 321.)0 FEET <.5)9 ee es - yam- TO TIIE ROUINGS MAKER OF LOT 3 SAID C 0.OHEN E ALL OF LOT 1 OF\I O.OHCN L CO.PSSESSNENI PIA I SITUATED IN TXE ASS PLAT;THENCE NOAT C WNG THE EAST LtNE OF SASD' PROPERTY 1 ¢AST IIALi OP SEC.T1(1'23.TOWNSHIP 39 NOrt'T4�RANGE I1 EAST LOT 1.A DISTANCE OF 31..39 FEET TO TIIE NON'FIIEAST CORNEA OC / P CNEN T TNL'THIRD PRi IN P-ALT'�IDIAG RKONGEO AS OQEO...T N0. SAID I.O'1'1:THENCE NOKMNESTERLY ALONG THE NORTH LINE OF C.AN R63.1315 1N OU PAGE COUNTY• ILLINOIS. ��\�� - LINE OFSAIDAC.OSTONEN Or IS ASSESENET PLAT:ITHENCEANORTHEALY ON AWNG THE HESS LINE OF SAID C.O.OVER L CO.ASI.E.AT PLAT. THAT PARS OF T116,FASS HALF OF SECTION 13.TUnY,S111P A DISTANCE OF 393.33 FEET TO AN ANGLE'POINT;TIIENC6 VESTERLY GNGE 13 EAST OF TIIE THIRD PRINCIPAL.HERIDIAN DU PAS•E CUnN'TY. 1 I -'-+�('1^"I Ti (�C• AWNG TIIE SOUNOARY DP SATO C.O.OMEN i CO.ASSESSMETOPRIAT.E ILLINOIS DESCRIBED AS POI.LONS: BEGINNING nT TIIE NOI+'TIILAT V'1 I f�I�`,�$-_ "r+ FEE 1.1 A DISTANCE ES 155.1D Y•ET TO AN ROLE PO THERCE N TIM ETERLY CORNER OF THE SOUTHGST O'JARTER OF SAID S TION IJ nWD DUNNING I HX a J I4 ALONG THE H 2ERLY LINE OP SAID C.O.ON ASSESSMENT PtAt•1 THENCE SOUTH I°2'WEST AW'+G INS GST LINF.OF SAID CECNONtN \\TANCE OF lOfi.28 PET TO A SOGTNWEETERLY MAKER O!HEDAY 1, 5]9.06 1-TO THE CENTER LINE OF II300.1 ROAD:TII¢N !LIOTESs \ / ,{ I E9°35•HEST ALONG C.O.CENTER LINE 1 ES PEST TO TIIE NOVINEAS? 1 IV 1 bn (/ 1 I /CORNER CF WTI P C. ON..L CO.­ES I•LAt SI TIN.TEO I `� a rX I. All r Adsays shell be< si dered I pi.aTi arir<L. rAer. be:D• \�\�� �' COMON GROUND cH3-'ae- 1 shall h.ve 5C• die To be k of 1 ;rb bne a 3D ;n ...I i.l..d ai.I. .'LOT 27 .�<sn 'r aea .an I :ed a aai- p N \ I+n.�parba�s fPT`s irn /� ' ------ i aer ascapea. _� ���� .ti �' � -- • YNe�N! 1 heco aoZ aha 11 be -Ir ced 1 '$ 1 EXISTING 3 All eHP.R a.a�a e` COMMON GROUND / + ^°:,;}•� 1y 6^Lire er o scrun ed m 10' s- y,�i' d$ 1 ;ii i�c Lol.lil.Dosa>j., earns LOT 27 aiproval of Naesd.3v Sac+ y 4.Slor ball csuanl i idC aczl Lne u a e s s + us / 1 Attes!.adS m nar nI^ f �,•I - I$/sFJ BS R' 23 o_d,'­d i... ttraaeis a❑xea,D.aRE r , 20 D BENMYAR.':6QO]MARTIN ON BOM'ET OF FIRE NYIWAM f p �_ _ / /; /.i 1,¢ ,P./D f ro�5(J' AT SPIN.AGNO B ESE" 16IA STREET"E[ER a m J i 9 s ' // N G.WYLLV LEY rxVEIGPMENT co Z J I/)��i / A •9P,.e 21 irrEn. o� �• - ' I a 12 cNn Ow a °m re / ..3YPi5- 13 7 I ROADURA'/ •/ � I �'°�'•;; � � ^ LOTS - ✓ EXISTING 2 1� V tA� PROPOSED 22 � x�c`:'.�� I .. /•�`7� AR�ORA-/ TOTAL 24 -.12.73AC. f�v " '.� °°u °��y�l. °-PFgB 1977 NC kI` COMMON GROUND 6.66 AC. JJ DRIVES 9 PUBLIC ACCESS I.IOAC. GPIE�LOi'IEVEL LI6smNe 0HOLL HANGER RD.DEDICATION 1.02AC. -`z' t - '' na.IINW n EanG<+.ICEa 4 _,j j. ' I SALT CREEK(WATERWAY) 1.52AC. i 1 TOTAL 23.02 AC. I .-' C -a rT5 • o6uP.. ,I APR !yt `s'. �* ::, .-.. r S�-�1 1 1 I; .• .. '.; -' �,, '.1 Lr .�� r t::'.,f v o �a V �'�+Y � -.+py W % 5 SALT __ _ _ 9owee:• ` l FYP/CAL; ISLAND DESIGN /� � y� 7N � 'I 20 Iilll TF 60P.5 IF 6g2�{Y� TFe0.s rF 5 TF 663 f rrw, 1 ��� �\ 11� TF6Q3\ rF 603 7 /2 TF663 �TF6.5 E ST/ G ( \\`��/-- j' XISTING STORAGE PROPOSED STORAGE p EL AREA- VOLfA0FT1 .:=C ELEV. AREA(AM, .0E:Fl)aWM FT) A.s¢ e�.r \ ` (1Ue 65 1 49 0 0 650 1.49 0 0 65. I.72 - 1.60 651 1.73 1.61 1.61 652 20, 1.56 3A6 692 3.56 265 436 653 3.31 2.66 6.12 653 4.64 4.10 836 / 654 6.87 509 11.21 654 1.97 631 14.67 1(tI 655 905 1- 18.67 654 10.86 942 2409 10.19 28.86 656 1L42 11.14 35.23 657 12.]I 12.02 40.88 651 1194 11.68 4891 1 13.36 54.24 638 IE38 12".1 :7. 659 M.82 1442 86.66 859 12.83 12 VV` ' "^ - x��� x.✓ ..4 -na:+.... :-:..,r:.y. ..:--:._ ::...- ....... 1