HomeMy Public PortalAboutOrdinance 1369~~ • i'i
CHAPTER 7
ARTICLE 14
ORDINANCE NO. _ 1369
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An Ordinance Regulating Development in Special Flood Hazard Areas
He it ordained by the President and Hoard of Trustees of the
Village of Plainfield, Illinois, as follows:
Index Section 100.0
Section
100.0 Index
2Q0.0 Purpose
300.0 Definitions
400.0 How to Use this Ordinance
Duties of the Enforcement Official
500,0
600.0
0 Hase Flood Elevation
Occupation and Use of Flood Fringe Areas
700.
0
800 Occupation and Use of Identified Floodways
.
900.0 Occupation and Use of Special Flood Hazard
0 Floodways Are Not Identified
Permitting Requirements Applicable to All
1000.
- Areas and Protection of Building
1,100,0 Other Development Requirements
1200.0
1300.0 variances
Disclaimer of Liability
1400.0
1500.D Penalty
Abrogation and Greater Restrictions
1.600.0 Separability
1700.0 Effective Date
Section 200.0 Purpose
Areas Where
Flood Plain
This Ordinance is enacted pursuant to the police powers granted
to this village by Illinois Revised Statutes, Chapter 24,
Sections 1-2-1, 11-12--12m, 11-30-8, .and 11-31-2 The purpose of
this Ordinance is to maintain this Village'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 Iand resources, This
ordinance is adopted in order to accomplish the following
specific purposes:
ZOD. 1 To meet the requirements of Chapter 19, paragraph 65 (g)
of the Illinois Revised Statutes, An Act in Relation to
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the Regulation of the Rivers, Lakes and Streams of the
State of T1linois," approved June 10, 1911, as amended.
200.2 Ta assure that new development does not increase the
flood or drainage hazards to others, ar creating
unstable conditions susceptible to erosion;
200.3. To protect new buildings and major improvements to
buildings from flood damage;
200.4. To protect human life and health from the hazards of
flooding;
200.5. 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
200.5. To make federally subsidized flood insurance available
for property in the Village by fulfilling the
requirements of the National Flood Insurance Program.
200.7 To comply with the rules and regulations of the
National Flood Insurance Program codified as 44 CFR
59-79, as amended.
200.8 To protect, conserve, ,and promote the orderly
development of land and water resources;
200.9 To preserve the natural hydrologic and hydraulic
functions of watercourses and flood plains and to
protect water quality and aquatic habitats;
200.10 To preserve the natural characteristics of stream
corridors in order to moderate flood and stormwater
impacts, improve water quality, reduce soil erosion,
protect aquatic and riparian habitat, provide
recreational opportunities, provide aesthetic benefits
and enhance community and economic development.
Section 300.0 Definitions
For the purposes of this Ordinance, the following definitions are
adopted:
300.1. "Act" "AN ACT in relation to the regulation of the
ravers, lakes and streams of the State of Illinois",
I11. Rev. Stat. 1987, ch. 19, par. 52 et seq.
300.2 "Applicant" Any person, firm, corporation or agency
which submits an application.
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300.3 "Appropriate Use" Only uses of the regulatory floodway
that are permissible and will be considered for permit
issuance. The only uses that will be allowed are as
specified in Section 802.0.
300.4 "Base Flood" The flood having a one-percent
probability of being equaled or exceeded in any given
year. The base flood is also known as the 100-year
frequency flood event. Application of the base flood
elevation at any location is as defined in Section 600
of this Ordinance.
300.5 "Building" A structure that is principally above
ground and is enclosed by walls and a roof. The term
includes a gas or liquid storage tank, a manufactured
home, mobile home or a prefabricated building. This
term also includes recreational vehicles and travel
trailers to be installed on a site for more than 180
days.
300.6 "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 drainageway, which has a
definite bed and banks or shoreline, in or into which
surface or groundwater flows, either perennially or
intermittently.
300.7 "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 bottom or woody vegetation. 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).
300.8 "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 flood plain. The uncompensated loss of
natural flood plain storage can increase off-site
floodwater elevations and flows.
300.9 "Conditional Approval of a Regulatory Floodway Map
Change" Preconstruction approval by DWR and the
Federal Emergency Management Agency of a proposed
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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.
300.10 "Conditional Letter of Map Revision (CLOMR)" A letter
which indicates that the Federal Emergency Management
Agency .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.
300.11 "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.
300.12 "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. Underground water
storage tanks are not included.
300.13 "Development" Any man-made change to real estate,
including:
(a) Construction, reconstruction, repair, or
placement of a building or any addition to a
building.
(b) Installing a manufactured home on a site,
preparing a site for a manufactured home, or
installing a travel trailer on a site for more
than 180 days.
(c) Drilling, mining, installing utilities,
construction of roads, bridges, ar similar
projects.
(d) Demolition of a structure or redevelopment of a
site.
(e) Clearing of land as an adjunct of construction.
(f) 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; dep6sit of
solid or liquid waste;
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(g) Any other activity of man that might change the
direction, height, or velocity of flood or
surface water, .including extensive vegetation
removal; Development does not include 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.
300.14 "DWR" Illinois Department of Transportation, Division
of Water Resources.
300.15 Elevation Certificates" A form published by the
Federal Emergency Management Agency that is used to
certify the elevation to which a building has been
elevated.
300.15 "Erosion" The general process whereby soils are moved
by flowing water or wave action.
300.17 "Exempt Organ:izations" Organizations which are exempt
from this ordinance per the I11. Rev. Stat. including
state, federal or local units of government.
300.18 "FEMA" Federal Emergency Management Agency and its
regulations at 44 CFR 59-79 effective as of October 1,
1988. This incorporation does not include any later
editions or amendments.
300.19 "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.
300.20 "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.
300.21 "Flood Fringe" That portion of the flood plain outside
of the regulatory floodway.
300.22 "Flood Insurance Rate Maps (FIRM)" A map prepared by
the Federal Emergency Management Agency that depicts
the special flood hazard area (SFHA) within a
community. This map includes insurance rate zones and
flood plains and may or may not depict floodways.
300.23 "Flood Plain" That land typically adjacent to a body
of water with ground surface elevations at or below the
base flood or the 100-year frequency flood elevation.
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Flood plains may also include detached Special Flood
Hazard Areas, ponding areas, etc. The flood plain is
also known a~ the Special Flood Hazard Area (SERA).
The flood plains are those lands within the
jurisdiction of the Village of Plainfield that are
subject to inundation by the base flood ar 100-year
frequency flood. The SFHA's of the Village of
Plainfield are generally identified as such on
the Flood Insurance Rate Map of the Village of
Plainfield prepared by the Federal Emergency Management
Agency (or the U.S. Department of Housing and Urban
Development) and dated -November,,,,17, 1981 The
SFHA's of those parts of unincorporated Will County
that are within the extraterritorial jurisdiction of
the Village or that may be annexed into the Village are
generally identified as such on the Flood Insurance
Rate Map prepared for Will County by the Federal
Emergency Management Agency (or the U.S. Department of
Housing and Urban Development) and dated A ril 15
1982 .
300.24 "Floodproofing" 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.
300.25 "Floodproofing Certificate" A form published by the
Federal Emergency Management Agency that is used to
certify that a building has been designed and
constructed to be structurally dry floodproofed to the
flood protection elevation.
300.25 "Flood Protection Elevation (FPE)" The elevation of
the base flood or 100-year frequency flood plus two
feet of freeboard at any given location in the SFHA.
300.27 "Freeboard" An increment of elevation added to the
base flood elevation to provide a factor of safety far
uncertainties in calculations, unknown localized
conditions, wcive actions and unpredictable effects such
as those caused by ice or debris jams.
300.28 "Hydrologic and Hydraulic Calculations" Engineering
analysis which determine expected flood flows and flood
elevations based on land characteristics and rainfall
events.
300.29 "Letter of Map Amendment (COMA)" Official determination
by FEMA that a specific structure is not in a 100-year
flood zone; amends the effective Flood Hazard Boundary
Map or FIRM.
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300.30 "Letter of Map Revision (CONK)" Letter that revises
base flood or 100-year frequency flood elevations,
flood insurance rate zones, flood boundaries or
floodways as shown on an effective FHSM or FIRM.
300.31 "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 connected to the required
utilities. The term manufactured homes also includes
park trailers, travel trailers and other similar
vehicles placed an site for more than 180 consecutive
days.
300.32 "Manufactured Home Park or Subdivision" A parcel (or
contiguous parcels) of land divided into two or more
manufactured home lots for rent or sale.
300.33 "Mitigation" Mitigation includes those measures
necessary to minimize the negative effects which flood
plain development activities might have on the public
health, safety and welfare. Examples of mitigation
include compensatory storage, soil erosion and
sedimentation control, and channel restoration.
300.34 "NGVD" National Geodetic Vertical Datum of 1929.
Reference surface set by the National Geodetic Survey
deduced from a continental adjustment of all existing
adjustments in 1929.
300.35 "Natural" When used in reference to channels means
those channels formed by the exist~.ng surface
topography of the earth prior to changes made by man.
A natural stream tends to follow a meandering path; its
flood plain 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 crow s-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 regrading and
revegetation.
300.36 "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 veg~~tation or other easily recognized
characteristics.
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300.37 "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 which includes a hydrologic and
hydraulic study of the existing and proposed conditions
of the watershed. Nothing in this definition shall
preclude the design, engineering, constructa.on or
financing, in whole or in part, of a flood control
project by persons or parties who are not public
agencies.
300.38 "Publicly Navigable Waters" All streams and lakes
capable of being navigated by watercraft.
300.39 "Registered Land Surveyor" Aland surveyor registered
in the State of Illinois, under The Illinois Land
Surveyors Act (I11. Rev. Stat. 1987, ch. 111, pars.
3201-3234).
300.40 "Registered Professional Engineer" An engineer
registered in the State of Illinois, under The Illinois
Professional Engineering Act (111. Rev. Stat. 1987, ch.
111, pars. 5101-5137).
300.41 "Regulatory Floodway" The channel, including on-stream
lakes, and that portion of the flood plain adjacent to
a stream or watercourse as designated by DWR, which is
needed to store and convey the existing and anticipated
future 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~
increase in velocities. The regulatory floodways are
designated for the DuPage R,iver,_,,..L ily Cache Creek,
S rin hole Creek East Norman Drain and West Norman
Drain on the Flood Boundary and Floodway Map prepared
by FEMA (or Department of Housing and Urban
Development) and dated Ma 17 1982 The
regulatory floodways for those parts of unincorporated
Will County that are within the extraterritorial
jurisdiction of the Village that may be annexed into
the Village are designated for the DuPa e River Lil
Cache Creek Springhgld Creek, ,,,East,,, Norman Drain and
West Norman Drain on the Flood Boundary and Floodway
map prepared by FEMA (or Department of Housing and
Urban Development) and dated A ril 15 1982 To
locate the regulatory floodway boundary on any site,
the regulatory floodway boundary should be scaled off
the regulatory 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 regulatory floodway boundary, the
Division should be contacted for the interpretation.
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300.42 "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.
300.43 "Retention/Detention Facility" A retention facility
stores stormwater runoff without a gravity release. A
detention facility provides for storage of stormwater
runoff and controlled release of this runoff during and
after a flood or storm.
300.44 "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.
300.45 "Runoff" The water derived from melting snow or rain
falling an the land surface, flowing over the surface
of the ground or collected in channels or conduits.
300.45 "Sedimentation" The processes that deposit soils,
- debris, and other materials either on other ground
surfaces or in bodies of water or watercourses.
300.47 "Special Flood Hazard Area (SFHA)" Any base flood area
subject to flooding from a river, creek, intermittent
stream, ditch, or any other identified channel or
ponding and shown on a Flood Hazard Boundary Map or
Flood Insurance Rate Map as Zone A, A0, Al-30, AE, A99,
AH, Va, V30, VE, V, M, or E.
300.48 "Structure" The results of a man-made change to the
land constructed on or below the ground, including the
construction, reconstruction or placement of a building
or any addition to a building; installing a
manufactured home on a site; preparing a site for a
manufactured home or installing a travel trailer on a
site for more than 180 days.
300.49 "Substantial Improvement" Any repair, reconstruction
or improvement of a structure, the cost of which equals
or exceeds 50 percent of the market value of the
structure either, (a) before the improvement or repair
is started, or (b) if the structure has been damaged,
and is being restored, before the damage occurred. For
the purpose;; of this definition" substantial
improvement" is considered to occur when the first
alteration of any wall, ceiling, floor, or other
structural part of the building commences, whether or
not that alteration affects the external dimensions of
the structure. The term does not, however, include
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either (1) any project for improvement of a structure
to comply with existing state or local health,
sanitary, or safety code. specifications which are
solely necessary to assure safe living conditions or
(2) any alteration of a structure listed on the
National Register of Historic Places or a State
Inventory of Historic Places.
300.50 "Transition Section" Reaches of the stream or floodway
where water flows from a narrow crass-section to a wide
cross-section or vice versa.
Section 400.0 How to Use This Ordinance
The Village Administrator shall be responsible for fulfilling all
of the duties listed in Section 500.0.
To fulfill those duties, the Village Administrator first should
use the criteria listed in Section 600.0, Base Flood Elevations,
to determine whether tY~e development site is located within a
flood plain. Once it has been determined that a site is located
within a flood plain, ,the Village Administrator must determine
whether the development site is within a flood fringe, a
regulatory floodway, or within a SFHA or flood plain on which no
floodway has been identified. If the site is within a flood
fringe, the Village Administrator shall require that the minimum
requirements of Section 700.0 be met. If the site is within a
floodway, the Village Administrator shall require that the
minimum requirements of Section 800.0 be met. If the site is
located within a SFHA or flood plain for which no detailed study
has been. completed and approved, the Village Administrator shall
require that the minimum requirements of Section 900.0 be met.
In addition, the general requirements of Section 1.000.0 shall be
met for all developments meeting the requirements of Section
700.0, 800.0, or 900.0. The Village Administrator shall assure
that all subdivision proposals shall meet the requirements of
Section 1100.0.
If a variance is to be granted for a proposal, the Village
Administrator shall review the requirements of Section 1200.0 to
make sure they are met. In addition, the Village Administrator
shall complete all notification requirements.
In order to assure that property owners obtain permits as
required in this Ordinance, the Village Administrator may take
any and all actions as outlined in Section 140p.0.
Section 500.0 Duties"of the Enforcement Official(s)
The Village Administrator shall be responsible for the general
administration and enforcement of this Ordinance which- shall
include the following:
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501.0 Determining the Flood Plain Designatidn. 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 flood plain on which a detailed study
has not been conducted which drains more than one (1)
square mile.
502.0 Professional Engineer Review. If the development site
is within a floodway or in a flood plain on which a
detailed study has not been conducted which drains more
than one (1) square mile then the permit shall be
referred to a registered professional engineer (P.E.)
under the employ or contract of the Village for review
to ensure that the development meets the requirements
of Section 800.0. In the case of an Appropriate Use,
the P.E. shall state in writing that the development
meets the requirements of Section 800.0.
503.0 Dam Safety Requirements. Ensure that an DWR Dam Safety
permit has been issued or a letter indicating no Dam
Safety permit is required. If the proposed development
activity includes construction of a dam as defined in
- Section 300.12. Regulated dams may include weirs,
restrictive culverts or impoundment structures.
504.p Other permit requirements. Ensure that any and all
required federal, state and local permits are received
prior to the issuance of a flood plain development
permit.
505.0 Plan Review and Permit Issuance. Ensure that all
development activities within the SFHAS of the
jurisdiction of the Village meet the requirements
of this Ordinance and issue a flood plain 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.
506.0 Inspection Review. Inspect all development projects
before, during and after construction to assure proper
elevation of the structure and to ensure they comply
with the provisions of this Ordinance;
507.0 Elevation and Floodproofing Certificates. Maintain in
the permit files an Elevation Certificate certifying
the elevation of the lowest floor (including basement)
of a residential or non-residential building or the
elevation to which a nan-residential building has been
floodproofed, using a Floodproofing Certificate, for
all buildings subject to Section 1000.0 of this
Ordinance for public inspection and provide copies of
same;
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508.0 Records for Public Inspection. Maintain for public
inspection and furnish upon request base flood data,
SFHA and regulatory floodway maps, copies of federal or
state permit documents, variance documentation,
Conditional Letter of Map Revision, Letter of Map
Revision, Letter of Map Amendment and "as built"
elevation and floodproofing or elevation and
floodproofing certificates for all buildings
constructed subject to this Ordinance.
509.0 State Permits. Ensure that construction authorization
has been granted by the .Illinois Division of Water
Resources, for all development projects subject to
Sections 800.0 and 900.0 of this Ordinance, unless
enforcement responsibility has been delegated to the
Village Administrator. Upon acceptance of this
Ordinance by DWR and FEMA, responsibility is hereby
delegated to the Village Administrator as per 92 I11.
Adm. Code 708 for canstruction in the regulatory
floodway and flood plain when floodways have not been
defined in Sections 800.0 and 900.0 of this Ordinance.
However, the following review approvals are not
delegated to the Village Administrator and shall
require review or permits from DWR:
a. Organizations which are exempt from this
Ordinance, as per the I11,inois Revised Statutes;
b. Department of Transportation projects, dams or
impoundment structures as defined in Section
300.12 and all other state, federal or local unit
of government projects, including projects of the
Village and County, except for those projects
meeting the requirements of Sec. 802.5;
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 Section 802.1(e);
d. An engineer's analysis of the flood profile due
to Section 802.1(d);
e. Alternative transition sections and hydraulically
equivalent compensatory storage as indicated in
Section 802.1(a, b and h);
f. Permit issuance of structures within or over
publicly navigable rivers, lakes and streams;
g. Any chan3es in the Sase Flood Elevation or
floodway locations; and, -
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h. Base Flood Elevation determinations where none
now exist.
510,0 Cooperation with Other Agencies.' Cooperate with state
and federal flood plain management agencies to improve
base flood or 1.00-year frequency flood and floodway
data and to improve the administration of this
Ordinance. Submit data to DWR and the Federal
Emergency Management Agency for proposed revisions of
a regulatory map. Submit reports as required for the
National Flood Insurance Program. Notify the Federal
Emergency Management Agency of any proposed amendments
to this Ordinance,
511.0 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 DWR and FEMA for any Ordinance
changes.
Section 600.0 Base Flood Elevation
This Ordinance's protection standard is based on the Flood
Insurance Study for the Village. If a base flood elevation or
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 in the Illinois State water
Survey's Flood Plain Information Repository. When a party
disagrees with the best available data, he/she may finance the
detailed engineering study needed to replace existing data with
better data and submit it to DWR and FEMA.
601.0 The base flood or 100-year frequency flood elevation
for the SFHAs of DuPage River and. Lily Cache,Creek~
S rin hale Creek East Norman Drain and West Norman
Drain shall be as delineated on the 100-year flood
profiles in the Flood Insurance Study of the Village
prepared by FEMA (or the Department of Housing and
Urban Development) and dated Ma 17 1982 , and such
amendments to such study and maps as may be prepared
from time to time,
602.0 The base flood ar 100-year .frequency flood elevation
for the SFHAs of those parts of unincorporated
Will County that are within the extraterritorial
jurisdiction of the Village or that may be annexed into
the Village shall be as delineated on the 100-year
flood profiles in the Flood Insurance Study of
Wi11 County prepared by FEMA (or the Department of
Housing and Urban Development) and dated __October 15.
1981 and such amendments or revisions to such study
and maps as may be prepared from time to time.-
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603.0 The base flood or 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
Flood Insurance Rate Map of the Village.
604.0 The base flood or 100-year frequency flood elevation
each of the remaining SFHAs delineated as an "A Zone"
on the Flood Insurance Rate Map of the Village shall
be according to the best existing data available in the
Illinois State Water Survey Flood Plain Information
Repository. When no base flood or 100--year frequency
flood elevation exists, the base flood or 100-year
frequency flood elevation for a riverine SFHA shall be
determined from a backwater model, such as HEC-II,
WSP-2, or a dynamic model such as HIP. The flood flaws
used in the hydraulic models shall be obtained from a
hydrologic model, such as HEC-I TR-20, or HIP, or by
techniques presented in various publications prepared
by the United States Geological Survey far estimating
peak flood discharges. Flood flows should be based on
anticipated future land use conditions in the watershed
as determined from adopted local and regional land use
plans. Along any watercourses draining more than one
(1) square mile, the above analyses shall be submitted
to DWR for approval, once approved it must be submitted
to the Illinois State Water Survey Floodplain
Information Repository for filing. For a non-riverine
SFHA, the Sase Flood Elevation shall be the historic
Flood of Record plus three feet, unless calculated by
a detailed engineering study and approved by the
Illinois State Water Survey.
Section 700.0 Occupation and Use of Flood Fringe Areas
Development in and/or filling of the flood fringe will be
permitted a.f protection is provided against the base flood or
100-year frequency flood by proper elevation, and compensatory
storage and other provisions of this Ordinance are met. 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 Section 1000.0.
701.0 Development Permit. No person, firm, corporation, or
governmental body not exempted by state law shah,
commence any development in the SFHA without first
obtaining a development permit from the Village.
701.1 Application for a development permit shall be made on
a form provided by the Village. 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,
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architect or land surveyor; existing grade elevations
in M.S.L., 1929 adj. datum or N.G.V.D. 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 floor (including basement) and
lowest adjacent grade shall be shown on the submitted
plans and the development will be subject to the
requirements of Section 1000.0 of this Ordinance.
701.2 Upon receipt of a development permit application, the
Village Administrator shall compare the elevation of
the site to the base flood or 100-year frequency flood
elevation. Any development located on land that can
be shown to have been higher than the base flood
elevation as of the sites first Flood Insurance Rate
Map identification is not in the SFHA and, therefore,
not subject to the requirements of this Ordinance. The
Building Official shall maintain documentation of the
existing ground elevation at the development site and
certification that this ground elevation existed prior
to the date of the site's first Flood Insurance Rate
Map identification.
701.3 A soil erosion and sedimentation 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
past-construction maintenance.
701.4 The Village Administrator shall be responsible for
obtaining from the applicant, copies of all other
local, state and federal permits, approvals or
permit-not-required letters that may be required for
this type of activity. The Village Administrator shall
not issue a permit unless all other local, state and
federal permits have been obtained.
702.0. Preventing Increased Damages. No development in the
flood fringe .shall create a threat to public health and
safety.
702.1 If fill is being used to elevate the site above the
base flood or 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 flood plain.
702.2 Compensatory Storage. Whenever any portion of a flood
15
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plain is authorized for use, the volume of space which
will be occupied by the authorized fill or structure
below the base flood or 100-year frequency flood
elevation shall be compensated 'far and balanced by a
hydraulically equivalent, volume of excavation taken
from below the base flood or 100-year frequency flood
elevation. 'I'he 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 flood
plain storage lost below the existing 10--year flood
elevation shall be replaced below the proposed 10-year
flood elevation. All flood plain storage lost above
the existing 10-year flood elevation shall be replaced
above the proposed 10-year flood elevation. All such
excavations shall be constructed to drain freely and
openly to the watercourse.
Section 800 Occupation and Use of Identified Floodways
This section applies to proposed development, redevelopment, site
modification or building modification within a regulatory
floodway. The regulatory floodway far _ the DuPage River, Lilv
Cache Creek, Springhole Creek,, East Norman Drain_„and_West Norman
Drain shall be as delineated on the regulatory floodway maps
designated by DWR according and referenced in Section 300.41.
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 Section 1000.
801.0 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 Village.
801.1 Application for a development permit shall be made on
a form provided by the Village. 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 regulatory
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;
16
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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 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.
1. Plans of the proposed activity shall be provided
which include as a minimum:
(i) 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;
(ii) A plan view of the project and engineering
study reach showing existing and proposed
conditions including principal dimensions of the
structure or work, elevations in mean sea level
(1929 adjustment) datum or N.G.V.D., adjacent
property lines and ownership, drainage and flood
control easements, location of any channels and
any exiC~ting or future access roads, distance
between proposed activity and navigation channel
(when the proposed construction is near a
commercially navigable body of water),
regulatory floodway limit, flood plain limit,
specifications and dimensions of any proposed
channel modifications, location and
orientation of cross-sections, north arrow,
and a graphic or numerical scale;
(iii)Cross-section views of the project and
engineering study reach showing existing and
proposed conditions including principa].
dimensions of the work as shown in plan view,
existing and proposed elevations, normal
17
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water elevation, 10--year frequency flood
elevation, 100-year frequency flood
elevation, and graphic ox numerical scales
(horizontal and vertices].);
(iv) 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.
(v) A copy of the regulatory floodway map,
marked to reflect any proposed change in the
regulatory floodway location.
m. Any and all other local, state and federal
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 Section 802.0.
o. If the regulatory floodway delineation, base
flood or 100 year frequency flood elevation will
change due to the proposed project, the
application will not be considered complete until
DWR has indicated conditional approval of the
regulatory floodway map change. 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 flood plain and floodway 1im9,ts;
sealed by a registered professional engineer,
licensed architect or registered 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 Section
1000.0 of this Ord~.nance.
18
q-
If the proposed project involves a channel
modification, the applicant shall submit the
following information:
(i) A discussion of the purpose of and need for
the proposed work;
(ii) A discussion of the feasibility of using
alternative locations or methods to accomplish
the purpose of the proposed work;
(iii)An analysis of the
the impacts the project
physical and biological
body of water affected;
extent and permanence of
would have on the
conditions of the
(iv) An analysis of the extent and permanence of
the impacts each feasible alternative
identified in 802.1 (d)(i) of this Section
would have on the physical and biological
conditions of the body of water affected; and
(v) An analysis of the impacts of the proposed
project, considering cumulative effects on
the physical and biological conditions of the
body of water affected.
801.2 The Village Administrator shall be responsible far
obtaining from the applicant copies of all other local,
state, and federal permits and approvals that may be
required for this type of activity. The Village
Administrator shall not issue the development permit
unless all required federal and state permits have been
obtained. A Registered Professional Engineer, under
the employ or contract of the Village shall review and
approve applications reviewed under this Section.
802.0 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 h~~bitat. Construction impacts shall be
minimized by appropriate mitigation methods as called
for in this Ordinance. Only those Appropriate Uses
listed in 92 T11. Adm. Code 708 will be allowed.
Appropriate uses do not include the construction or
placement of any new structures, fill, b~iilding
additions, buildings on stilts, excavation or channel
19
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. The
approved Appropriate Uses are as follows:
a. Flood control structures, dikes, dams and other
public works or private improvements relating to
the control of darainage, flooding, erosion, or
water quality or habitat for fish and wildlife.
b. 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;
c, Storm and sanitary sewer outfalls;
d. Underground and overhead utilities;
e. Recreational facilities such as playing fields
and trail systems including any related fencing
(at least 50~ open when viewed from any one
direction) built parallel to the direction of
flood flows, and including open air pavilions;
f. Detached garages, storage sheds, or other
non-habitable accessory structures without toilet
facilities to existing buildings that will not
block flood flows, nor reduce floodway storage;
g. Bridges, culverts, roadways, sidewalks, railways,
runways and taxiways and any modification
thereto;
h. Parking lots and any modifications thereto (where
depth of flooding at the 100--year frequency flood
event will not exceed 1,0') and aircraft parking
aprons built at or below ground elevation;
i. Regulatory floodway regrading, without fill, to
create a positive non--erosive slope toward a
watercourse.
j. Flood proofing activities to protect previously
existing lawful structures including the
construction of water tight window wells,
elevating structures, or construction of
floodwalls around residential, commercial or
industrial principal structures where the outside
20
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.
k. In the case of damaged or replacement buildings,
reconstruction or repairs made to a building that
are valued at less than 50~ of the market value
of the building before it was damaged or
replaced, and which do not increase the outside
dimensions of the building.
1. Additions to existing buildings above the BFE
that do not increase the building's foot print
and are valued at less than 50~ of the market
value of the building.
802.1 Within the regulatory floodway as identified on the
regulatory floodway maps designated by DWR, 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 registered professional
engineer and provided that any structure meets the
protection requirements of Section 1000.0 of this
ordinance:
a. 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
regulatory floodway conveyance lost due to the
project will be replaced for all flood events up
to and including the 100-year frequency flood.
In calculating effective regulatory floodway
conveyance, the following factors shall be taken
into consideration:
(i) Regulatory floodway conveyance,
'K' = 1.486/n AR 2/3
where "n" is Manning's roughness factor, "A"
is the effective area of the cross-section,
and "R" is the ratio of the area to the
wetted perimeter. (See Open Channel
Hydraulics, Ven Te Chow, 1959, McGraw-Hill
Book Company, New York)
(ii) The same Manning's "n" value shall be used
for both existing and proposed conditions-unless
a recorded maintenance agreement with a federal,
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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.
(iii)Transition sections shall be provided and
used in calculations of effective regulatory
floodway conveyance. The following expansion and
contraction ratios shall be used unless an
applicant's engineer can prove to DWR 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 far every four feet.
of the flooded stream's length.
(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.
(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.
(d) Transition sections shall be provided
between Cross-sections with rapid
expansions and contractions and when
meeting the regulatory floodway
delineation on adjacent properties.
(e) All cross-sections used in the
calculations shall be located
perpendicular to flood flows.
b. Preservation of Floodway Storage so as Not to
Increase Downstream Flooding. Compensatory
storage shall be provided for any regulatory
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 at least 1.5 times the volume of
flood plain storage lost. Artificially created
storage lost due to a reduction in head loss
behind a bridge shall not be required to be
22
replaced. The compensatory regulatory floodway
storage shall be placed between the proposed
normal water elevation and the proposed 100-year
flood elevation. All regulatory floodway storage
lost below the existing 10-year flood elevation
shall be replaced below the proposed 10-year
flood elevation. All regulatory floodway storage
lost above the existing 10-year flood elevation
shall be replaced above the proposed 1o-year
flood elevation. A11 such excavations shall be
constructed to drain freely and openly to the
watercourse. Tf the compensatory storage will
not be placed at the location of the proposed
construction, the applicant's engineer shall
demonstrate to DWR through a determination of
flood discharges and water surface elevations
that the compensatory storage is hydraulically
equivalent.
c. Preservation of Floodway Velocities so as Not to
Increase Stream Erasion 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 regulatory floodway velocities. However 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.
d. 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 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. 1f the proposed
construction will increase upstream flood stages
greater than 0.1 feet, the developer must contact
DWR, Dam Safety Section far a Dam Safety permit
or waiver.
(i) The engineering analysis of upstream flood
stages must be calculated using the flood
23
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study flows, and corresponding flood
elevations for tailwater conditions for the
flood study specified in Section 600.0 of
this Ordinance. Culverts ,must be analyzed
using the U.S, DOT, FHWA Hydraulic Chart for
the Selection of Highway Culverts. Bridges
must be analyzed using the U.S. DOT/Federal
Highway Administration Hydraulics of Bridge
Waterways calculation procedures.
(ii) Lost floodway storage must be compensated
for per Section 802.1(b).
(iii)Velocity increases must be mitigated per
Section 802.1(c).
(iv) If the crossing is proposed over a public
water that is used for recreational or
commercial navigation, a Department of
Transportation permit must be received.
(v) The hydraulic analysis for the backwater
caused by the bridge showing the existing
condition and proposed regulatory profile
must be submitted to DWR for concurrence that
a CLOMR is not required by Section 802.0.
(vi) All excavations for the construction of the
crossing shall be designed per Section
802.1(h).
e. Reconstruction or Modification of Existing
Bridges, Culverts, and Approach Roads.
(i) Tht~ 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 100-year event, if the existing
structure is not a source of flood damage.
(ii) If the existing bridge or culvert and
roadway approach is a source of flood damage to
buildings or structures in the upstream flood
plain, the 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.
24
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(iii)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 the Department of Transportation
Rules 92 zll. Adm. Code 708 (Floodway
Construction in Northeastern Illinois) and
submitted to the Division for review and
concurrence before a permit is issued.
f. fin-Stream Structures Built for the Purpose of
Sacking Up Water. Any increase in upstream flood
stages greater than 0.0 foot when compared tv the
existing conditions, far all flood events up to
and including the 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 DWR, Dam Safety Section for a Dam
Safety permit or waiver for any structure built
for the purpose of backing up water in the stream
during normal or flood flaw. All dams and
impoundment structures as defined in Section
3op.12 shall meet the permitting requirements of
92 Ill. Adm. Code 702 (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:
(i) The impoundment is determined to be in the
public interest by providing flood control,
public recreation, or regional stormwater
detention;
(ii) 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;
(iii)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.
(iv) A non-paint source control plan has been
implemented xn the upstream watershed to
control the effects of sediment runoff as~
well as minimize the input of nutrients, oil
25
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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;
(v) The project otherwise complies with the
requirements of Section 800.
g. Flood Proofing of Existing Habitable, Residential
and Commercial Structures. If construction is
required beyond the outside dimensions of the
existing building, the outside perimeter of the
floodproafing 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 far floodproofing
activities.
h. 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
for other Appropriate Uses, transition sections
shall be pravided for the excavation. The
following expansion and contraction ratios shall
be used unless an applicant's engineer can prove
to DWR through engineering calculations or model
tests that more abrupt transitions may be used
with the same efficiency:
(i) 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;
(ii) 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
(iii)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.
(iv) Erosion/scour protection shall be provided
inland upstream and downstream of the transition
sections.
26
i. Tf the proposed activity involves a channel
modification, it shall be demonstrated that:
(i) 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 flood plain, 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;
(ii) 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;
(iii)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 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.
(e) 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.
27
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(d) Clearing of 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:~. horizontal to
vertical, wherever practicable. Natural
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, natural rock or
rip-rap are preferred materials.
Artificial materials such as concrete,.
gabions, or construction rubble should
be avoided unless there are no practicable
alternatives.
(f) A11 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.
28
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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
(iv) The project otherwise complies with the
requirements of Section 800.
j. Seeding and Stabilization Plan. For all
activities located in a floodway, a seeding and
stabilization plan shall be submitted by the
applicant.
k. 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:
(i) The construction area shall be minimized to
preserve the maximum vegetation passible.
Canstruc~tion 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.
(ii) 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.
(iii)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 basins.
(iv) A vegetated buffer strip of at least 25 feet
in width shall be preserved and/or
re-established, where possible, along -
existing channels (See 802.1 (p).
29
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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.
(v) 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 "Standards and Specifications for
Soil Erosion and Sediment Control" (TEPA,
1987).
1. 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 DWR 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 easements far
all flood events up to and including the 100-year
frequency event.
m.
General Criteria Analysis
Elevations.
of Flood
(i) The flood profiles, flows and floodway data
in the regulatory floodway study, referenced
in Section 600.0, must be used for analysis
of the base conditions. If the study data
appears to be in error or conditions have
changed, DWR shall be contacted for approval
and concurrence on the appropriate base
conditions data to use.
(ii) If the 100-year regulatory 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 100-year frequency flood elevations of
the regulatory floodway conditions and conditions
with the receiving stream at normal water
elevations.
(iii)If the applicant learns from DWR, local
governments, or a private owner that a
downstream restrictive bridge or culvert is
scheduled to be removed, reconstructed,
for
30
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i i ~ ~
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 far both the
existing conditions and the expected flood
profile conditions when the bridge, culvert or
flood control project is built.
n. Conditional Letter of Map Revision. If the
Appropriate Use would result in a change. in the
regulatory floodway location or the 100-year
frequency flood elevation, the applicant shall
submit to DWR and to FEMA all the information,
calculations and documents necessary to be
issued a conditional regulatory floodway map
revision and receive from DWR a conditional
approval of the regulatory floodway change before
a permit is issued. However, the final
regulatory floodway map will not be changed by
DWR until as--built plans or record drawings are
submitted and accepted by FEMA and DWR. In the
case of non-government projects, the municipality
in incorporated areas and the county in
unincorporated areas shall concur with the
proposed conditional regulatory 'floodway map
revision before DWR approval can be given. No
filling, grading, dredging or excavating shall
take place until a conditional approval is
issued. No further development activities shall
take place until a final Letter of Map Revision
(L~MR) is issued by FEMA and DWR.
o. Professional Engineer's Supervision. All
engineering analyses shall be performed by or
under the supervision of a registered
professional engineer.
p. .For all activities in the floodway involving
construction within 25 feet of the channel, the
following criteria shall be met:
(i) A natural vegetation buffer strip shall be
preserved within at least 25 feet of the
ordinary high water mark of the channel.
(ii) 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.
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(iii)The use of native riparian vegetation is
preferred in the buffer strip. Access
through this buffer strip shall be provided,
when necessary, for stream maintenance
purposes.
After receipt of conditional approval of the regulatory
floodway change and issuance of a permit and a
Conditional Letter of Map Revision, construction as
necessary to change the regulatory floodway designation
may proceed but no buildings ar structures or other
construction that is not an Appropriate Use may be
placed in that area until the regulatory floodway map
is changed and a final Letter of Map Revision is
received. The regulatory floodway map will be revised
upon acceptance and concurrence by DWR and FEMA of the
"as built" plans.
802.2 State Review. For those projects listed below located
in a regulatory floodway, the following cariteria shall
be submitted to DWR for their review and concurrence
prior to the issuance of a permit:
a. DWR will review an engineer's analysis of the
flood profile due to a proposed bridge pursuant
to Section $02.1(d).
b. DWR will review 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 Section 802.1 (e).
c. The DWR will review alternative transition
sections and hydraulically equivalent storage
pursuant to Section 802.1 (a, b and h).
d. The DWR will review and approve prior to the
start of construction any Department projects,
dams (as defined in Section 300.12) and all other
state, federal or local units of government
projects, including projects of the municipality
or county.
802.3 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 DWR,
issued pursuant to Illinois Revised Statutes, Chapter
19, Section 52 et seq. No permit from DWR shall be
required if the Division has delegated this
responsibility to the Village Administrator.
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802.4 Dam Safety Permits, Any work involving the
construction, modification or removal of a dam as
defined in Section 300.12 per 92 I11. Adm. Code 702
(Rules for Construction of Dams) shall obtain an
Illinois Division of Water Resources Dam Safety permit
prior to the start of construction of a dam. If the
Village Administrator finds a dam that does not have an
DWR permit, the Village Administrator shall immediately
notify the Dam Safety Section of the Division of Water
Resources. If the Village Administrator finds a dam
which is believed to be in unsafe condition, the
Village Administrator shall immediately notify the
owner of the dam, DWR, Dam Safety Section in
Springfield and the xllinois Emergency Services and
Disaster Agency (ESDA).
802.5 Activities That Do Not Require a Registered
Professional Engineers Review. The following
activities may be permitted without a registered
professional engineers review. Such activities shall
still meet the other requirements of this Ordinance,
including the mitigation requirements.
a. Underground and overhead utilities that:
(i) Do not result in any increase in existing
ground elevations, or
(ii) Do not require the placement of above ground
structures in the floodway, or
(iii)In the case of underground stream crossings,
the top of the pipe or encasement is buried a
minimum of 3' below the existing stream bed, and
(iv) xn the case of overhead utilities, no
supporting towers are placed in the
watercourse and are designed in such a
fashion as not to catch debris.
b. Storm and sanitary sewer outfalls that:
(i) Do not extend riverward or lakeward of the
existing adjacent natural bank slope, and
(ii) Do not result in an increase in ground
elevation, and
(iii)Are designed so as not to cause stream
erosion at the outfall location.
c. Construction of sidewalks, athletic fields
excluding fences), properly anchored playground
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equipment and patios at grade.
d. Construction of shoreline and streambank
protection that:
(i) Does not exceeds 1000 feet in length.
(ii) Materials are not placed higher than the
existing top of bank.
(iii)Materials are placed sa as not to reduce the
cross-sectional area of the stream channel or
bank of the lake.
e. Temporary stream crossings in which.
(i) The approach roads will be 0.5' (1/2 foot)
or less above natural grade.
(ii) The crossing will allow stream flaw to pass
without backing up the water abave the stream
bank vegetation line or above any drainage the
or outfall invert.
(iii)The top of the roadway fill in the channel
will be at least 2' below the tap of the lowest
bank. Any fill in the channel shall be
non-erosive material, such as rip-rap or
gravel.
(iv) A11 disturbed stream banks will be seeded or
otherwise stabilized as soon as possible upon
installation and again upon removal of
construction.
(v) The access road and temporary crossings will
be removed within one year after
authorization.
Section 900.0 Occupation and Use of SFHA Areas Where Floodways
Are Not Identified.
In SFHA or flood plains, where no floodways have been identified
and no base flood or 100-year frequency flood elevations have
been established by FEMA, and draining more than a square mile,
na 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 100-year frequency flood
elevation.
901.1 Development Permit. No person, firm, corporation, or
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governmental body, not exempted by state law, shall
commence any development in a SFHA or flood plain
without first obtaining a development permit from the
Village. Application for a development permit shall be
made on a form provided by the Village. 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 Section loon 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;
b. Site location (including legal description) of
the property, drawn to scale, on the regulatory
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:
(i) 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;
(ii) A plan view of the project and engineering
study reach showing existing and proposed
conditions including principal dimensions of
the structure or work, elevations in mean sea
level (1929 adjustment) datum or N.G.V.D.,
adjacent property lines and ownership,
drainage and flood control easements,
distance between proposed activity and
navigation channel (when the proposed
construction is n~:ar a commercially navigable
body of water), flood plain limit, location
and orientation of cross-sections, north
arrow, and a graphical or numerical scale;
(iii)Cross-section views of the project and
35
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, 10-year frequency flood
elevation, 100-year frequency flood
elevation, and graphical or numerical scales
(horizontal and vertical); and
(iv) 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 Section 902.0.
f. Any and all other local, state and federal
permits or approvals that may ~be required for
this type of development.
901.2 Based on the best available existing data according to
the Illinois State Water Survey's Flood Plain
Information Repository, the Village Administrator shall
compare the elevation of the site to the base flood or
100-Year frequency flood elevation. Should no
elevation information exist for the site, the
developer's engineer shall calculate the elevation
according to Section 504.0. Any development located on
land that can be shown to have been higher than the
base flood elevation as of the sites first Flood
Insurance Rate Map Identification is not in the SFHA
and, therefore, not subject to the requirements of this
Ordinance. The Building Official shall maintain
documentation of the existing ground elevation at the
development site and certification that this ground
elevation existed prior to the date of the site's first
Flood Insurance Rate Map identification.
901.3 The Village Administrator shall be responsible for
obtaining from the applicant copies of all other local,
state, and federal permits, approvals or
permit--not-required letters that may be required for
this type of activity. The Village Administrator shall
not issue the development permit unless all required
local, state and federal permits have been obtained.
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902.0 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.
902.1 Within all riverine SFHA's where the floodway. has not
been determined, the following standards shall apply:
a. The developer shall have a Registered
Professional Engineer state in writing and show
through supporting plans, calculations, and data
that the project meets the engineering
requirements of Section 802.1 (a) through (1) for
the entire flood plain as calculated under the
provisions of Section 604.0 of this ordinance.
As an alternative, the developer should have an
engineering study performed to determine a
floodway and submit that engineering study to DWR
for acceptance as a regulatory floodway. Upon
acceptance of their floodway by the Department,
the developer shall then demonstrate that the
project meets the requirements of Section 800.0
for the regulatory floodway. The floodway shall
be defined according to the definition in Section
300.41 of this Ordinance.
b. A development permit shall not be issued unless
the applicant first obtains a permit from DWR or
written documentation that a permit is not
required from DWR.
c. No permit from DWR shall be required if the
Division has delegated permit responsibility to
the Village Administrator per 92 Ill. Adm. Code,
Part 708 for regulatory floodways, per DWR'
Statewide Permit entitled "Construction in Flood
Plains with No Designated Floodways in
Northeastern Illinois."
d. Dam Safety Permits. Any work involving the
construction, modification or removal of a dam or
an on-stream structure to impound water as
defined in Section 300.12 shall obtain an
Illinois Division of Water Resources Dam Safety
permit or letter indicating a permit is not
required prior to the start of construction of a
dam. If the Village Administrator finds- a dam
that does not have an DWR permit, the Village
37
Administrator shall immediately notify the Dam
Safety Section of the Division of Water
Resources. If the Village Administrator finds a
dam which is believed to be in unsafe condition,
the Village Administrator shall immediately
notify the owner of the dam and the Illinois
Emergency Services, DWR, Dam Safety Section in
Springfield and Disaster Agency (ESDA).
e. The following activities may be permitted without
a Registered Professional Engineer's review or
calculation of a base flood elevation and
regulatory floodway. Such activities shall still
meet the other requirements of this Ordinance:
(i) Underground and overhead utilities that:
(a) Do nat result in any increase in
existing ground elevations, or
(b) Do not require the placement of above
ground structures in the floodway, or
(c) In the case of underground stream
crossings, the top of the pipe or
encasement is buried a minimum of 3'
below the existing streambed, and
(d) In the case of overhead utilities, no
supporting towers are placed in the
watercourse and are designed in such a
fashion as not to catch debris.
(ii) Storm and sanitary sewer outfalls that:
(a) Do not extend riverward or lakeward of
the existing adjacent natural bank
slope, and
(b) Do not result in an increase in ground
elevation, and
(c) Are designed so as not to cause stream
bank erosion at the outfall location.
(iii)Construction of shoreline and streambed
protection that:
(a) Does not exceed 1000 feet in length or
2 cubic yards per lineal foot of streambed.
(b) Materials are not placed higher than
the existing top of bank.
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(c) Materials are placed so as not to
reduce the cross-sectional area of the
stream channel by more than 10~.
(iv) Temporary stream crossings in which:
(a) 'The approach roads will be 0.5' (1/~
foot) or less above natural grade.
(b) The crossing will allow stream fxow to
pass without backa.ng up the water above the
stream bank vegetation line or above any
drainage the or outfall invert.
(c) The top of the roadway fill in the
channel will be at least 2' below the
top of the lowest bank. Any fill in
the channel shall be non--erosive
material, such as rip-rap or gravel.
(d) All disturbed stream banks will be
seeded or otherwise stabilized as soon
as possible upon installation and again
upon removal of construction.
(e) The access road and temporary crossings
will be removed within one year after
authorization.
(v) The construction of light poles, sign posts
and similar structures;
(vi) The construction of sidewalks, driveways,
athletic fields (excluding fences), patios
and similar surfaces which are built at
grade;
(vii)The construction of properly anchored,
walled, open structures such as playground
equipment, pavilions, and carports built at
or below existing grade. that would not
obstruct the flow of flood waters;
(viii)The placement of properly anchored
buildings not exceeding seventy (70) square feet
in size, nor ten (10) feet in any one dimension
(e.g., animal shelters and tool sheds);
(ix) The construction of additions to existing
buildings which do not increase the first
floor area by more than twenty (20) percent,
which are located on the upstream or
downstream side of the existing building, and
39
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which do not extend beyond the sides of the
existing building that are parallel to the
flow of flood waters;
(x) Minor maintenance dredging of a stream
channel where:
(a) The affected length of stream is less
than 1000 feet.
(b) The work is confined to reestablishing
flows in natural stream channels, or
(c) The cross--sectional area of the dredged
channel conforms to that of the natural
channel upstream and downstream of the site.
f. The flood carrying capacity within any altered or
relocated watercourse shall be maintained.
902.2 Compensatory Storage. Whenever any portion of a flood
plain is authorized for use, the volume of space which
will be occupied by the authorized fill or structure
below the base flood or 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 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 flood
plain storage lost below the existing 10-year flood
elevation shall be replaced below the proposed 10-year
flood elevation. All flood plain storage lost above
the existing 10-year flood elevation shall be replaced
above the proposed 10-year flood elevation. All such
excavations shall be constructed to drain freely and
openly to the watercourse.
1000.0 Permitting Requirements Applicable to All Flood Plain
Areas.
In addition to the requirements found in Sections
700.0, 800.0 and 900.0 for development in flood
fringes, regulatory flaodways, and SFHA or flood plains
where no floodways have been identified (Zones A, AO,
AH, AE, Al-A30, A99, VO, V1-30, VE, V, M or E) , the
following requirements shall be met.
1001.0 Public Health Standards
1001.1 No developments in the SFHA shall include locating or
40
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storing chemicals, explosives, buoyant materials,
animal wastes, fertilizers, flammable liquids,
pollutants, or other hazardous or toxic materials below
the flood plain elevation.
1001.2 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.
1002.0 Carrying Capacity and Notification. For all projects
involving channel modification, fill, or stream
maintenance (including levees), the flood carrying
capacity of the watercourse shall be maintained. In
addition, the Village Administrator shall notify
adjacent communities in writing 30 days prior to the
issuance of a permit for the alteration or relocation
of the watercourse.
1003.0 Protecting Buildings. All buildings located within a
100-year flood plain also known as a SFHA, shall be
protected from flood damage below the flood protection
elevation. However, existing buildings located within
a regulatory floodway shall also meet the more
restrictive Appropriate Use standards included in
Section 800.0. This building grotection criteria
applies to the following situations:
a. Construction or placement of a new building.
b. A structural alteration to an existing building
that either increases the first floor area by
more than 20~ or the buildings market value by
more than 50%;
c. Installing a manufactured home on a new site or a
new manufactured home on an existing site. This
building protection requirements does not apply
to returning a mobile home to the same site it
lawfully occupied before it was removed to avoid
flood damage; and
d. Installing a travel trailer on a site for more
than 180 days.
This building protection requirement may be met by one
of the following methods.
1003.1 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
41
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4
at or above the flood protection elevation.
b. The fill shall be placed in layers no greater
than one (1) foot deep before compaction and
should extend at least ten (10) feet beyond the
foundation of the building before sloping below
the flood protection elevation. The tap of the
fill shall be above the flood protection
elevation. However, the ten (10) 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. The fill shall not adversely effect the
flaw or surface drainage from or onto neighboring
properties.
1003.2 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 100-year frequency
flood. The permanent openings shall be no more
than one foot above 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.
b. The foundation and supporting members shall be
anchored and aligned 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.
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.
d. No area below the flood protection elevation
shall be used for storage of items or materials.
42
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e. Manufactured homes and travel trailexs to be
installed on a site for more than 180 days, shall
be elevated to or above the flood protection
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 I11. Adm. Code 870.
1003.3 Only a non-residential building may be structurally
flaadproofed (in lieu of elevation) provided that a
registered professional engineer 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 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.
Floodpraofing measures shall be operable without human
intervention and without an outside source of
electricity (Levees, berms, floodwalls and similar
works are not considered floodproafing for the purpose
of this subsection).
1003.4 Non-conforming structures located in a regulatory
floodway may remain in use, but may not be enlarged,
replaced or structurally altered. Anon-conforming
structure damaged by flood, Eire, 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.
Section 1100.0 other Development Requirements
The Soard of Trustees shall take into account flood hazards, to
the extent that they are known in all official actions related to
land management, use and development.
7.1.00.1 New subdivisions, manufactured home parks, annexation
agreements, and Planned Unit Developments (PUDs) within
the SFHA shall be reviewed to assure that the proposed
developments tare consistent with Sections 700, 800, 900
and 1000 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 Registered
Professional Engineer that the plat or plans account
for changes in the drainage of surface waters in
accordance with the Plat Act (I11. Rev. Stat., Ch. 109,
Sec. 2) .
43
1100.2 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
7.00-year frequency flood elevation data and floodway
delineations. Where this information is not available
from an existing study filed with the Illinois State
Water Survey, the applicant's engineer shall be
responsible fvr calculating the base flood or 100-year
frequency flood elevation per Section 604.0 and the
floodway delineation per the definition in Section
300.41 and submitting it to the State Water Survey and
DWR for review and approval as best available
regulatory data.
1100.3 Streets, blacks, 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 flood plains shall be included
within parks or other public grounds.
1100.4 The Board of Trustees shall not approve any Planned
Unit Development (PUD) ar plat of subdivision located
outside the corporate limits unless such agreement or
plat is in accordance with the provisions of this
Ordinance.
Section 1200.0 Variances
No variances shall be granted to any development located in a
regulatory floodway as defined in Section 300.13. However, when
a development proposal is located outside of a regulatory
floodway, and whenever the standards of this Drda.nance place
undue hardship on a specific development proposal, the applicant
may apply to the Village far a variance. The Village
Administrator shall review the applicant's request for a variance
and shall submit his recommendation to the Board of Trustees.
1200.1 Nc variance shall be granted unless the applicant
demonstrates that:
a. The development activity cannot be located
outside the SFHA;
b. An exceptional hardship would result if the
variance .were not granted;
c. The relief requested is the minimum necessary;
d. There will be no additional threat to public
health and safety.
44
e. There will be no additional public expense far
flood protection, rescue or relief operations,
policing, or repairs to stream beds and banks,
roads, utilities, or other public facilities;
f. The provisions of Sections 702.0 and 902.0 of
this Ordinance shall still be met;
g. The activity is not in a regulatory floodway;
h. The applicants circumstances are unique and do
not represent a general problem, and
i. The granting of the variance will not alter the
essential character of the area involved
including existing stream uses.
1200.2 The Village Administrator shall notify an applicant in
writing that a variance from the requirements of
Section 1000.0 that would lessen the degree of
protection to a building will:
a. Result in increased premium rates for flood
insurance up to amounts as high as $25 for $100
of insurance coverage;
b. Increase the risks to life and property; and
c. Require that the applicant proceed with knowledge
of these risks and that he will acknowledge in
writing that he assumes the risk and liability.
1200.3 Variances requested in connection with restoration of
a site or building listed on the National Register of
Historical Places or documented as worthy of
preservation by the Illinois Historic Preservation
Agency may be granted using criteria more permissive
than the requirements of Sections 1200.1 and 1200.2.
Section 1300.0 Disclaimer of Liability
The degree of flood protection required by this Ordinance is
considered reasonable for regulatory purposes and is based on
available information derived from engineering and scientific
methods of study. Larger floods may occur or flood heights may
be increased by man-made: or natural causes. This Ordinance does
not imply that development, either inside or outside of the SFHA,
will be free from flooding or damage. This Ordinance does not
create liability on the part of the Village or any officer or
employee thereof for any flood damage that results from reliance
on this Ordinance or any administrative decision made lawfully
thereunder. -
45
Section 1400.0 Penalty
Failure to comply with the requirements of a permit or conditions
of a variance resolution shall be deemed to be a violation of
this Ordinance. Upon due investigation, the Village
Administrator may determine that a violation of the minimum
standards of this Ordinance exist. The Village Administrator
shall notify the owner in writing of such violation.
1400.1 If such owner fails after ten days notice to correct
the violation:
a. The Village Administrator may make application to
the Circuit Court for an injunction requiring
conformance with this Ordinance or make such
other order as the Court deems necessary to
secure compliance with the Ordinance.
b. Any person who violates this Ordinance shall,
upon conviction thereof, be fined not less than
fifty dollars ($50.00) or more than five hundred
dollars ($500.00) for each offense.
c. A separate offense shall be deemed committed upon
each day during or on which a violation occurs or
continues.
d. The Village Administrator may record a notice of
.violation on the title to the property.
1400.2 The Village Administrator 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.
1400.3 Nothing herein shall prevent the Village Administrator
from taking such other lawful action to prevent or
remedy any violations. All costs connected therewith
shall accrue 'to the person or persons responsible.
Section 1500.0 Abrogation and Greater Restrictions
This Ordinance is not intended to repeal, abrogate or impair any
existing easements, covenants, or deed restrictions. Where this
Ordinance and other ordinance, easements, covenants, or deed
restrictions conflict or overlap, whichever imposes the more
stringent restrictions shall prevail. 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 Village passed in
order to establish initial eligibility for the program.
Ordinance 1039 is hereby repealed.
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Section 1600.0 Separability
The provisions and sections of this Ordinance shall be deemed
separable and the invalidity of any portion of this Ordinance
shall not affect the validity of the remainder.
Section 170p.0 Effective Date
This Ordinance shall be in full force and effect from and after
its passage, approval, and publication, as required by law.
PASSED THIS 1/7th DAY OF _June ~ , 1991.
C
VILLAGE C RK
APPROVED THIS 17th DAY OF June 1991.
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`" VIL GE LERK
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