HomeMy WebLinkAboutOrd 4462 08/18/1992 ORDINANCE NO. 4462
AN ORDINANCE AMENDING ARTICLE VIII ENTITLED
"FLOOD PLAIN REGULATIONS" OF CHAPTER 22 OF THE
VILLAGE OF MOUNT PROSPECT, ILLINOIS
PASSED AND APPROVED BY
THE PRESIDENT AND BOARD OF TRUSTEES
the 18th day of August , 1992
Published in pamphlet form by
authority of the corporate
authorities of the Village of
Mount Prospect, Illinois, the
24th day of . August , 1992.
ORDINANCE NO. 4462
ORDINANCE AMENDING ARTICLE VIII ENTITLED
"FLOOD PLAIN REGULATIONS" OF CHAPTER 22 OF THE
VILLAGE OF MOUNT PROSPECT, ILLINOIS
WHEREAS, the Village of Mount Prospect has adopted "Flood Plain
Regulations", pursuant to the direction of the Federal Emergency
Management Agency, as amended from time to time; and
WHEREAS, the Federal Emergency Management Agency has directed that
specific amendments be made to local "Flood Plain Regulations".
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That Article VIII entitled"Flood Plain Regulations"
of Chapter 22 of the Village Code of Mount Prospect be and the same
is hereby amended in its entirety; so that hereafter said Article
VIII of Chapter 22 shall hereinafter read as follows:
ARTICLE VIII
FLOOD PLAIN REGULATIONS
SECTION:
22.801 Purpose
22.802 Definitions
22.803 How to Use this Ordinance
22.804 Duties of Enforcement Official
22.805 Base Flood Elevation
22.806 Occupation and Use of Flood Fringe Areas
22.807 Occupation and Use of Identified Floodways
22.808 Occupation and Use of Special Flood Hazard Areas
Where Floodways Are Not Identified
22.809 Permitting Requirements Applicable to All Flood Plain
Areas and Protection of Building
22.810 Other Development Requirements
22.811 Variances
22.812 Disclaimer of Liability
22.813 Penalty
22.814 Abrogation and Greater Restrictions
22.815 Separability
22.816 Effective Date
SECTION 22.801 PURPOSE
This Ordinance is enacted pursuant to the police powers
granted to this Village by Illinois Revised Statutes, Chapter 24,
Sections 1-2-1, 11-12-12, 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 land resources. This Ordinance is
adopted in order to accomplish the following specific purposes:
A. To meet the requirements of Chapter 19, paragraph 65(g)
of the Illinois Revised Statutes, An Act in Relation to
the Regulation of the Rivers, Lakes and Streams of the
State of Illinois," approved June 10 1911, as amended.
B. To assure that new development does not increase the
flood or drainage hazards to others, or create unstable
conditions susceptible to erosion;
C. To protect new buildings and major improvements to
buildings from flood damage;
D. To protect human life and health from the hazards of
flooding;
E. To lessen the burden on the taxpayer for flood control
projects, repairs to flood-damaged public facilities and
utilities, and flood resource and relief operations; and
F. To make federally subsidized flood insurance available
for property in the Village by fulfilling the
requirements of the National Flood Insurance Program.
G. To complywith the rules and regulations of the National
Flood Insurance Program codified as 44 CFR 59-79, as
amended.
H. To protect, conserve, and promote the orderly development
of land and water resources;
I. To preserve the natural hydrologic and hydraulic
functions of watercourses and flood plains and to protect
water quality and aquatic habitats;
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J. To preserve the natural characteristics of stream
corridors in order to moderate flood and storm water
impacts, improve water quality, reduce soil erosion,
protect aquatic and riparian habitat, provide
recreational opportunities, provide aesthetic benefits
and enhance community and economic development.
SECTION 22.802 DEFINITIONS
For purposes of this Ordinance, the following definitions are
adopted:
"Act" "AN ACT in relation to the regulation of the rivers,
lakes and streams of the State of Illinois", Ill. Rev.
Stat. 1987, Ch. 19, Par. 52 et seq.
"Applicant"
Any person, firm, corporation or agency which submits an
application.
"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
22.807B.
"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 22.805 of this Ordinance.
"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 tobe installed
on a site for more than 180 days, unless they are fully
licensed and ready for highway use.
"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 ground-
water flows, either perennially or intermittently.
"Channel Modification"
Alteration of a channel by changing the physical
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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 typically involving relocation of
the existing channel (e.g. straightening).
"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 plan. The
uncompensated loss of natural flood plain storage can
increase off-site floodwater elevations and flows.
"Conditional Approval of a Regulatory Floodway Map Change"
Preconstruction approval by DWRand the Federal Emergency
Management Agency of a proposed change to the floodway
map. This preconstruction approval, pursuant to this
Part, gives assurances to the property owner that once an
Appropriate Use is constructed according to permitted
plans, the floodway map can be changed, as previously
agreed, upon review and acceptance of as-built plans.
"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.
"Control Structures"
A structure designed to control the rate of flow that
passes through the structure, given a specific upstream
and downstream water surfaoe elevation.
"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.
"Development"
Any man-made change to real estate, including:
(a) Construction, reconstruction, repair, or placement
of a building or any addition to a building.
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(b) Installing a manufactured home on site, preparing a
site for a manufactured home, or installing a
travel trailer on a site for more than 180 days.
If the travel trailer or recreational vehicle is on
site for less than 180 days, it must be fully
licensed and ready for highway use.
(c) Drilling, mining, installing utilities,
construction of roads, bridges, storage of
equipment or materials, or 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 deposit of solid or liquid
waste;
(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 as re-roofing or
re-surfacing of roads when there is not increase in
elevation, or gardening, plowing, and similar
agricultural practices that do not involve filling,
grading, or construction of levees.
"DWR" IllinoisDepartment of Transportation, Division of Water
Resources.
"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.
"Erosion"
The general process whereby soils are moved by flowing
water or wave action.
"Exempt Organizations"
Organizations which are exempt from this ordinance per
the Ill. Rev. Stat. including state, federal or local
units of government.
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"Existing Manufactured Home Park or Subdivision"
A manufactured home park or subdivision for which the
construction of facilities for servicing the lots on
which the manufactured homes are to be affixed
(including, at a minimum, the installation of utilities,
the construction of streets, and either final site
2grading or the pouring of concrete pads is completed
before April 1, 1990.
"Expansion to an Existing Manufactured Home Park or Subdivision"
The preparation of additional sites by the construction
of facilities for servicing the lots on which the
manufactured homes are to be affixed (including the
installation of utilities, the construction of streets,
and either final site grading or the pouring of concrete
pads.
"FEMA" Federal Emergency Management Agency and its regulations
at 44 CFR 59-79 effective as of October 1, 1986. This
incorporation does not include any later editions or
amendments.
"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.
"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.
"Flood Fringe"
That portion of the flood plain outside of the regulatory
floodway.
"Flood Insurance Rate Maps (FIRM)"
A map prepared by the Federal Emergency Management Agency
that depicts the special flood hazard area (SDHA) within
a community. This map includes insurance rate zones and
flood plains and may ormay not depict floodways.
"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. Flood plains may
also include detached Special Flood Hazard Areas, ponding
areas, etc. The flood plain is also know as the Special
Flood Hazard Area (SFHA). The flood plains are those
lands within the jurisdiction of the Village that are
subject to inundation by the base flood or 100 year
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frequency flood. The SFHA's of the Village are generally
identified as such on the Flood Insurance Rate Map of the
Village prepared by the Federal Emergency Management
Agency (or the U.S. Department of Housing and Urban
Development) and dated August 2, 1982. The SFHA's of
those parts of unincorporated Cook County that are within
the extraterritorial jurisdiction of the Village or that
may be annexed into the Village are generally identified
as suchon the Flood Insurance Rate Map prepared for Cook
County by theFederal Emergency Management Agency (or the
U.S. Department of Housing and Urban Development) and
dated April 15, 1981.
"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.
"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.
"Flood Protection Elevation (FPE)"
The elevation of the base flood or 100-year frequency
flood plus two foot of freeboard at any given location in
the SFHA.
"Freeboard"
An increment of elevation added to the base flood
elevation to provide a factor of safety for uncertainties
in calculations, unknown localized conditions, wave
actions and unpredictable effects such as those caused by
ice or debris jams.
"Historic Structure" Any structure that is:
(a) Listed individually in the National Register of
Historic Places or preliminarily determined by the
Secretary of the Interior as meeting the
requirements for individual listing on the national
Register;
(b) Certified or preliminarily determined by the
Secretary of the Interior as contributing to the
historic distriot or a district preliminarily
determined by the Secretary to qualify as a
registered historic district;
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(c) Individually listed on the State inventory of
Historic places by the Illinois Historic
Preservation Agency;
(d) Individually listed on a local inventory of
historic places that has been certified by the
Illinois Historic Preservation Agency.
"Hydrologic and Hydraulic Calculations"
Engineering analysis which determine expected flood flows
and flood elevations based on land characteristics and
rainfall events.
"Letter of Map Amendment (LOMA)"
Official determination by FEMAthat a specific structure
is not in a 100 year flood zone; amends the effective
Flood Hazard Boundary Map or FIRM.
"Letter of Map Revision (LOMR)"
Letter that revises base flood or 100 year frequency
flood elevations, flood insurance rate zones, flood
boundaries or floodways as shown on an effective FHBM or
FIRM.
"Manufactured Home"
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designated for use
with or without a permanent foundation when attached to
the required utilities. The term "manufactured home"
does not include a "recreational vehicle".
"Metropolitan Water Reclamation District (MWRD)"
The Metropolitan Water Reclamation District of Greater
Chicago.
"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.
"NGVD" National Geodetic Vertical Datum of 1929. Reference
surface the National Geodetic Survey deduced from a
continental adjustment of all existing adjustments in
1929.
"Natural" When used in reference to channels means those channels
formed by the existing surface topography of the earth
prior to changes made by man. A natural stream tends to
follow a meandering path; its flood plain is not
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constrained by levees; the area near the bank has not
been cleared, mowed or cultivated; the stream flows over
soil and geologic materials typical of the area with no
substantial alteration of the course or cross-section of
the stream caused by filing 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
revegatation.
"New Manufactured Home Park or Subdivision"
Manufactured home park or subdivision for which the
construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including
at a minimum, the installation of utilities, the
construction of streets, and either final site grading or
the pouring of concrete pads) is completed on or after
April 1, 1990.
"Ordinary High Water Mark (OHWM)"
The point on the bank or shore up to which the presence
and action of surface water is so continuous so as to
leave a distinctive, mark such as by erosion, destruction
or prevention of terrestrial vegetation, predominance of
aquatic vegetation or other easily recognized
characteristics.
"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,
construction or financing, in whole or in part, of a
flood control project by persons or parties who are not
public agencies.
"Publicly Navigable Waters"
All streams and lakes capable of being navigated by
watercraft.
"Recreational Vehicle or Travel Trailer" A vehicle which is:
(a) Built on a single chassis;
(b) 400 square feet or less when measured at the
largest horizontal projection;
(c) Designed to be self propelled or permanently
towable by a light duty truck; and
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(d) Designed primarily not for use as a permanent
dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use.
"Registered Land Surveyor"
A land .surveyor registered in the State of Illinois,
under The Illinois Land Surveyors Act (Ill. Rev. Stat.
1987, Ch. 111, Pars, 3201-3234).
"Registered Professional Engineer"
An engineer registered in the State of Illinois, under
The Illinois Professional Engineering Act. (Ill. Rev.
Stat. 1987, ch. 111, pars. 5101-5137).
"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 of storage, and
no more than a 10% increase in velocities. The
regulatory floodway are designated for Weller Creek,
McDonald Creek, Feehanville Ditch, Des Plaines River,
Higgins Creek on the Flood Boundary and Floodway Map
prepared by FEMA and dated August 2, 1982, and for the
Des Plaines River on the regulatory Flood Plain map
prepared by DWR and dated October 1, 1978. The
regulatory floodways for those parts of unincorporated
Cook County that are within the extraterritorial
jurisdiction of the Village that may be annexed into the
Village are designated for Weller Creek, McDonald Creek,
Feehanville Ditch, Des Plaines River, Higgins Creek on
the Flood Boundary and Floodway map prepared by FEMA and
dated April 15, 1981. 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.
"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.
"Retention/Detention Facility"
A retention facility stores stormwater runoff without a
gravity release. A detention facility provides for
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storage of stormwater runoff and controlled release of
this runoff during and after a flood or storm.
"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.
"Runoff" The water derived from melting snow or rain falling on
the land surface, flowing over the surface of the ground
or collected in channels or conduits.
"Sedimentation"
The processes that deposit soils, debris, and other
materials on other ground surfaces Or in bodies of water
or watercourses.
"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, AO,
Al-30, AE, A99, Ah, VO, V30, VE, V, M, or E.
"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 fora manufactured home or installing a
travel trailer on a site for more than 180 days, unless
they are fully licensed and ready for highway use.
"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 from and source, and is being restored,
before the damage occurred. This term includes
structures which were damaged whereby the cost of
restoring the structure to its predamaged condition would
equal or exceed 50 percent of the market value before the
damage occurred, regardless of the actual repair work
performed. For the purposes of this definition
"Substantial Improvement" is considered to occur when the
first alteration of any wall, ceiling, floor, or other
structural part of thebuilding commences, whether or not
that alteration affects the external dimensions of the
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structure. The term does not, however, include 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
"Historic Structure", provided that the alteration will
not preclude the structure's continued designation as a
"Historic Structure".
"Transition Section"
Reaches of the stream or floodway where water flows from
a narrow cross-section to a wide cross-section or vice
versa.
SECTION 22.803 NOW TO USE THIS ORDINANCE
The Director of Inspection Services shall be responsible for
fulfilling all of the duties listed in Section 22.804.
To fulfill those duties, the Director of Inspection Services first
should use the criteria listed in Section 22.805, Base Flood
Elevations, to determine whether the development site is located
within a flood plain. Once it has been determined that a site is
located within a flood plain, the Director of Inspection Services
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 Director of Inspection Services shall require
that the minimum requirements of Section 22.806 be met. If the
site is within a floodway, the Director of Inspection Services
shall require that the minimum requirements of Section 22.807 be
met. If the site is located within a SFHA or flood plain for which
no detailed study has been completed and approved, the Director of
Inspection Services shall require that the minimum requirements of
Section 22.808 be met.
In addition, the general requirements of Section 22.809 shall be
met for all developments meeting the requirements of Sections
22.806, 22.807, 22.808. The Director of Inspection Services shall
assure that all subdivision proposals shall meet the requirements
of Section 22.810.
If a variance is to be granted for a proposal, the Director of
Inspection Services shall review the requirements of Section 22.811
to make sure they are met. In addition, the Director of Inspection
Services shall complete all notification requirements.
In order to assure that property owners obtain permits as required
in this Ordinance, the Director of Inspection Services may take any
and all actions as outlined in Section 22.813.
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SECTION 22.804 DUTIES OF THE ENFORCEMENT OFFICIAL(S)
The Director of Inspection Services shall be responsible for
the general administration and enforcement of this Ordinance which
shall include the following:
A. Determining the Flood Plain Designation. Check all new
development sites to determine whether they are in a Special
Flood Hazard Area (SFHA). If they are in a SFHA, determine
whether they are in a floodway, flood fringe or a flood plain
on which a detailed study has not been conducted which drains
more than one (1) square mile.
B. 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 22.807. In the case of an
Appropriate Use, the P.E. shall state in writing that the
development meets the requirements of Section 22.807.
C. Dam Safety Requirements. Ensure that a 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 22.802
include weirs, restrictive culverts or impoundment structures.
D. 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.
E. Plan Review and Permit Issuance. Ensure that all
development activities within the SFHA's 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.
F. 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;
G. 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 non-residential building has been floodproofed, using
a Floodproofing Certificate, for all buildings subject to
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Section 22.809 of this Ordinance for public inspection and
provide copies of same:
H. Records for Public Inspection. Maintain for public
inspection and furnish upon request base flood data, SFHAand
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.
I. State Permits. Ensure that construction authorization has
been granted by the Illinois Division of Water Resources, for
all development projects subject to Sections 22.807 and 22.808
unless enforcement responsibility has been delegated to the
Village. Upon acceptance of this Ordinance by DWR and FEMA,
responsibility is hereby delegated to the Village as per 92
Ill. Adm. Code 708 for construction in the regulatory floodway
and flood plain when floodways have not been defined in
Sections 22.807 and 22.808 of this Ordinance. However, the
following review approvals are not delegated to the Village
and shall require review or permits from DWR:
1. Organizations which are exempt from this Ordinance, as
per the Illinois Revised Statues;
2. Department of Transportation projects, dams or
impoundment structures as defined in Section 22.802 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. 22.807.B.5.
3. 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 Sec.
22.807 B.l.e.
4. An engineer's analysis of the flood profile due to
Section 22.807 B.l.d.
5. Alternative transition sections and hydraulically
equivalent compensatory storage as indicated in Section
22.807 B.1 (a,b,and h)
6. Permit issuance of structures within or over publicly
navigable rivers, lakes and streams;
7. Any changes in the Base Flood Elevation or floodway
locations; and,
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8. Base Flood Elevation determination wherenone now exist.
J. Cooperation with Other Agencies. Cooperate with state and
federal flood plain management agencies to improve base flood
or 100-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 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.
K. 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 22.805 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.
A. The base flood or 100-year frequency flood elevation for
the SFHAs of Des Plaines River and Weller, Higgins, McDonald
Creeks and Feehanville Ditch shall be as delineated on the
100-year flood profiles in the Flood Insurance Study of the
Village prepared by FEMA and dated February 2, 1982 and such
amendments to such study and maps as may be prepared from time
to time.
B. The base flood or 100-year frequency flood elevation for
the SFHAs of those parts of unincorporated Cook 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
Cook County prepared by FEMA and dated December 4, 1984, and
such amendments or revisions to such study and maps as may be
prepared from time to time.
C. The base flood or 100-year frequency flood elevation for
each of the remaining SF~As 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
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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,
WSP2, or a dynamic model such as HIP. The flood flows used in
the hydraulic models shall be obtained from a hydrologic model
such as HEC-I TR-20, or HIP, or by techniques presented in
various publications prepared by the United States Geological
Survey for estimating peek 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 Base Flood Elevation
shall be the historic Flood of Record plus one foot, unless
calculated by a detailed engineering study and approved by the
Illinois State Water Survey.
SECTION 22.806 OCCUPATION AND USE OF FLOOD FRINGE AREAS
Development in and/or filling of the flood fringe will be
permitted if protection is provided against the base flood or lO0-
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 22.809.
A. Development Permit. No person, firm, corporation, or
governmental body not exempted by state law shall commence any
development in the SFHAwithout first obtaining a development
permit from the Director of Inspection Services.
1. Application for a development permit shall be made on a
form provided by the Director of Inspection Services.
The application shall be accompanied by drawings of the
site, drawn to scale, showing property line dimensions
and legal description for the property and sealed by a
licensed engineer, architect or land surveyor; existing
grade elevations 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
re~airements of Section 22.809 of this Ordinance.
2. Upon receipt of a development permit application, the
16
Director of Inspection Services 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.
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 identi-
fication of a responsible party to ensure post-
construction maintenance.
4. The Director of Inspection Services 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 Director of Inspection shall not issue
a permit unless all other local, state and federal
permits have been obtained.
B. Preventing increased Damages. No development in the
flood fringe shall create a threat to public health and
safety.
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.
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
17
adjacent to the areas so filled or occupied. Ail 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 water-course.
SECTION 22.807 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 for Weller Creek, McDonald
Creek, Feehanville Ditch, Des Plaines River, Higgins Creek shall be
as delineated on the regulatory floodway maps designated by DWRand
referenced in Section 22.802. 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 22.809.
A. 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 Director of Inspection Services.
1. Application for a development permit shall be made on a
form provided by the Director of Inspection Services.
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;
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;
18
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 existing 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 principal
dimensions of the work as shown in plan view,
existing and proposed elevations, normal water
elevation,'10-year frequency flood elevation,
100-y~ar frequency flood elevation, and
graph'lc or numerical scales (horizontal and
vertical)
19
(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 locations.
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 22.807.B.
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 limits, 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
22.809 of this Ordinance.
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;
20
(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 extent and permanence of the
impacts the project would'have on the physical
and biological conditions of the body of water
affected;
(iv) An analysis of the extent and permanence of
the impacts each feasible alternative
identified in 22.807.B.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.
2. The Director of Inspection Services shall be responsible
for 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 Director of Inspection Services 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.
B. Preventing Increased Damages and a List of Appropriate
Uses. The only development in a floodway which will be
allowed are Appropriate Uses, which will not cause a rise in
the base flood elevation, and which will not create a damaging
or potentially damaging increase in flood heights or velocity
or be a threat to public health and safety and welfare or
impair the natural hydrologic and hydraulic functions of the
floodway or channel, or permanently impair existing water
quality or aquatic habitat. Construction impacts shall be
minimized by appropriate mitigation methods as called for in
this Ordinance. Only those Appropriate Uses listed in 92 Ill.
Ad. Code 708 will be allowed. Appropriate Uses do not include
the construction or placement of any new structures, fill,
building additions, buildings on stilts, excavation or channel
modifications done to accommodate otherwise non-appropriate
uses in the floodway, fencing (including landscaping or
planting designed to act as a fence) and storage of materials
except as specifically defined above as an Appropriate Use.
The approved Appropriate Uses are as follows:
21
a. Public flood control structures, dikes, dams
and other public works or private improvements
relating to the control ofdrainage, flooding
of existing structures, 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 instream aeration and
similar treatment facilities, facilities and
improvements related to recreational boating,
and commercial shipping and other functionally
water dependent uses;
c. Storm and sanitary sewer outfalls;
d. Underground and overhead utilities;
e. Public open space and recreational facilities
such as playing fields and trail systems
including any related fencing (at lease 50%
open when viewed from any one direction) built
parallel to the direction, of flood flows, and
including open air pavilions;
f. Bridges, culverts, and associated roadways,
sidewalk, and railways, necessary for crossing
over the floodway or for providing access to
other appropriate uses in the floodway and any
modification thereto;
g. 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 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.
h. 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 does not
increase the outside dimensions of the
building.
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 22.809 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,
1.486
"K" = 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,
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
23
than at a rate of one foot horizontal for
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 everyone
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 e~al 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 replaced. The
compensatory regulatory floodway storage shall be
placed between the proposed normal water elevation
and the proposed 100-year flood elevation. Ail
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 10 year flood elevation. All such
excavations shall be constructed to drain freely
and openly to the watercourse. If the compensatory
storage will not be placed at the location of the
proposed construction, the applicant's engineer
shall demonstrate to DWRthrough a determination of
flood discharges and water surface elevations that
the compensatory storage is hydraulically
24
equivalent. Finally, there shall be nc reduction
in floodway surface area as a result of a floodway
modification, unless such modification is necessary
to reduce flooding at existing structure.
c. Preservation of Floodway Velocities' so as Not to
Increase Stream Erosion or Flood Heights. For all
Appropriate Uses, except bridges or culverts or on
stream structures, the proposed work will not
result in an increase in the average channel or
regulatory floodway velocities or stage, for all
flood events up to and including the 100-year
frequency event. 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. If the proposed construction will
increase upstream flood stages greater than 0.1
feet, the developer must contact DWR, Dam Safety
Section for a Dam Safety permit or waiver.
(i) The engineering analysis of upstream flood
stages must be calculated using the flood
study flows, and corresponding flood
elevations for tailwater conditions for the
flood study specified in Section 22.805 of
this Ordinance. Culverts must be analyzed
using the U.S. DOT, FHWA Hydraulic Chart for
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 22.807 B i (b).
25
(iii) Velocity increases must be mitigated per
Section 22.807 B I (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 22.807 B.
(vi) All excavations for the construction of the
crossing shall be designed per Section 22.807
B 1 (h).
e. Reconstruction or Modification of Existing Bridges,
Culverts, and Approach Roads.
(i) The bridge or culvert and roadway approach
reconstruction or modification shall be
constructed with no more than 0.1 foot
increase in backwater over the existing flood
profile for all flood frequencies up to and
including the 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 course 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.
(iii) The determinations 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 Ill. Adm. Code 708
(Floodway Construction in Northeastern
Illinois) and submitted to the Division for
review and 'concurrence before a permit is
issued.
f. On-stream Structures Built for the Purpose of
Backing Up Water. Any increase in upstream flood
stages greater than 0.0 foot when compared to the
existing conditions, for all flood events up to and
including the 100-year frequency event shall be
26
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 flow. All dams and impoundment structures as
defined in Section 22.802 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-point source control plan has been
implemented in the upstream watershed to
control the effects of sediment runoffas well
as minimize the input of nutrients, oil and
grease, metals, and other pollutants. If
there is more than one municipality in the
upstream watershed, the municipality in which
the impoundment is constructed should
coordinate with upstream municipalities to
ensure comprehensive watershed control;
(v) The project otherwise complies with the
requirements of Section 22.807.
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
27
floodproofing construction shall be placed no
further than 10 feet from the outside of the
building. Compensation of lost storage and
conveyance will not be required for floodproofing
activities.
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 provided for the excavation. The
following expansion and contraction ratios shall be
used unless an applicant's engineer can prove to
DWRthrough 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.
i. If 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
28
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.
(c) One-sided construction of a channel shall
be used when feasible. Removal of
streamside (riparian) vegetation should
be limited to one side of the channel,
where possible, to preserve the shading
and stabilization effects of the
vegetation.
(d) Clearing of 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 4:1 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
29
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) Ail 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 habitat
improvement or erosion control project.
(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 22.807.
30
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 possible.
Construction shall be scheduled to minimize
the time soil is exposed and unprotected. In
no case shall the existing natural vegetation
be destroyed, removed, or disturbed more than
15 days prior to the initiation of
improvements.
(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 striD of at least 25 feet
in width shall be preserved and/or re-
established, where possible, along existing
channels (See 22.807.B.l.(p). Construction
vehicle use of channels shall be minimized.
Temporary stream crossings shall be
constructed, where necessary, to minimize
erosion. Necessary constr~ction in or along
channels shall be re-stabilized i~mediately.
(v) Soil erosion and sedimentation control
measures shall be designed and implemented
consistent with "Procedures and Standards for
Urban Soil Erosion and Sedimentation Control
31
in Illinois" (1988) also known as the "Green
Book" and "Standards and Specifications for
Soil Erosion and Sediment Control" (IEPA,
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 for all flood events up
to and including the 100-year frequency event.
m. General Criteria for Analysis of Flood Elevations
(i) The flood profiles, flows and floodway data in
the regulatory floodway study, referenced in
Section 22.805, 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
lO0-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,
modified, or a regional flood control project
is scheduled to be built, removed, constructed
or modified within the next five years, the
proposed construction shall be analyzed and
shown to meet the requirements of this section
for both the existing conditions and the
expected flood profile conditions when the
bridge, culvert or flood control project is
built.
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 (LOMR) 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.
(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
33
necessary to change the regulatory floodway designation
may proceed but no buildings or structures or other
construction that is not an Appropriate Use may be placed
in that area until the regulatory floodway map is changed
and a final Letter of Map Revision is received. The
regulatory floodway map will be revised on acceptance and
concurrence by DWR and FEMA of the "as built" plans.
2. State Review. For those projects listed below
located in a regulatory floodway, the following
criteria shall be submitted to DWR for their review
and concurrence prior to the issuance of a permit:
a. DWRwi11 review an engineer's analysis of the
flood profile due to a proposed bridge
pursuant to Section 22. 807.B.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 22. 807.B.l.e
d. The DWR will review and approve prior to the
start of construction any Departme~projects,
dams (as defined in Section 22.802 and all
other state, federal or local units of
government projects, including projects of the
municipality or county.
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.
4. Dam Safety Permits. Any work involving the
construction, modification or removal of a dam as
defined in Section 22.802 per 92 Ill. 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 Director of Inspection Services finds a dam
34
that does not have a DWR per~it, the Director of
Inspection Services shall immediately notify the
Dam Safety Section of the Division of Water
Resources. If the Director of Inspection Services
finds a dam which is believed to be in unsafe
condition, the Director of Inspection Services
shall immediately notify the owner of the dam, DWR,
Dam Safety Section in Springfield and the Illinois
Emergency Services and Disaster Agency (ESDA).
5. Activities That Do Not Require a Registered
Professional Engineer's 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) In the case of overhead utilities, no
supporting towers are placed in the water
course 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 theoutfall location.
c. Construction of sidewalks, athletic fields
(excluding fences), properly anchored
playground equipment and patios at grade.
35
d. Construction of shoreline and streambank
protection that:
(i) Does not'exceed 1000 feet in length.
(ii) Materials are not placed higher than the
existing top of bank.
(iii) Materials are placed so as not to reduce
the cross-sectional.area of the stream
channel or bank of the lake.
(iv) Vegetative stabilization and gradual side
slopes are the preferred mitigation
methods For existing erosion problems.
Where high channel velocities, sharp
bends or wave action necessitate the use
of alternative stabilization measures,
natural rock or rip-rap are preferred
materials. Artificial materials suchas
concrete, construction rubble, and
gabions should be avoided unless there
are not practicable alternatives.
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 flow to
pass without backing up the water above
the stream bank vegetation line or above
any drainage tile or outfall invert.
(iii)The top of the roadway fill in the channel
will be at least 2' below the top of the
lowest bank. ~ny fill in the channel
shall be non-erosive material, such as
rip-rap or gravel.
(iv) All 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.
36
SECTION 22.808 OCCUPATION AND USE OF SFHA AREAS WHERE FLOODWAYS
ARE NOT IDENTIFIED
In SFHA or flood plains, (including AO Zones, AH Zones or Un-
numbered A Zones) 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, no
development shall be permitted unless the cumulative effect of the
proposals, when combined with all other existing and anticipated
uses and structures, shall not significantly impede or increase the
flow and passage of the floodwaters nor significantly increase the
base flood or 100-year frequency flood elevation.
A. Development Permit. No person, firm, corporation, or
governmental body, not exempted by state law, shall commence
any development in a SFHA or flood plain without first
obtaining a development permit from Director of Inspection
Services. Application for a development permit shall be made
on a form provided by the Director of Inspection Services.
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 elevation of the
lowest floor (including basement) of all proposed buildings
subject to ~the requirements of Section 22.809 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;
37
(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
near 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
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 22.808. B.
f. Any and all other local, state and federal permits
or approvals that may be required for this type of
development.
1. Based on the best available existing data according to
the Illinois State Water Survey's Flood Plain Information
Repository, the Director of Inspection Services 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
22.805.c. Any development located on land that can be
shown to have been higher than the base flood elevation
38
as of the sites first Flood Insurance Rate Map
Identification is not in the SFHA and, therefore, not
subject to the re-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.
2. The Director of Inspection Services 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 Director of Inspection Services shall
not issue the development permit unless all required
local, state, and federal permits have been obtained.
B. 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.
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 22.807 B. (a) through (1) for the entire
flood plain as calculated under the provisions of
Section 22.805.D 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 22.807 for the
regulatory floodway. The floodway shall be defined
according to the definition in Section 22.802 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.
39
c. NO permit from DWR shall be required if the
Division has delegated permit responsibility to the
Village 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 up-stream structure to impound water as defined
in Section 22.802 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 Director of
Inspection Services finds a dam that does not have
a DWR permit, the Director of Inspection Services
shall immediately notify the Dam Safety Section of
the Division of Water. Resources. If the Director
of Inspection Services finds a dam which is
believed to be in unsafe condition, the Director of
Inspection Services shall immediately notify the
owner of the dam and the Illinois Emergency
Services and Disaster Agency (ESDA), and the DWR,
Dam Safety Section in Springfield.
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 andoverhead utilities that:
(a) Do not 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
40
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.
(c) Materials are placed so as not to reduce
the cross-sectional area of the stream
channel by more than 10%.
(d) Vegetative stabilization and gradual side
slopes are the preferred mitigation
methods for existing erosion problems.
Where high channel velocities, sharp
bends or wave action necessitate the use
of alternative stabilization measures,
natural rock or rip-rap are preferred
materials. Artificial materials such as
concrete, construction rubble, and
gabions should be avoided unless there
are no practicable alternatives.
(iv) Temporary stream crossings in which:
(a) The approach roads will be 0.5' (1/2
foot) or less above natural grade.
(b) The crossing will allow stream flow to
pass without backing up the water above
the stream bank vegetation line or above
any drainage tile 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 a rip-rap or gravel.
(d) All disturbed stream banks will be seeded
or otherwise stabilized as soon as
41
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,
unwalled, 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, or 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 ofthe existing building, and
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 re-establishing
flows in natural stream channels, or
(c) The cross-sectional area of the dredged
channel conforms o 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.
42
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. Ail flood plain storage
lost below the existing 10-year flood elevation shall be
replaced below the proposed 10-year flood elevation. Ail
flood plain storage lost above the existing 10-year flood
elevation shall be replaced above the proposed 10-year
flood elevation. All such excavation shall be
constructed to drain freely and openly to the
watercourse.
SECTION 22.809 PERMITTING REOUIREMENTS APPLICABLE TO ALL FLOOD
PLAIN AREAS
In addition to the requirements found in Section 22.806,
22.807, and 22.808 for development in flood fringes, regulatory
floodways, 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.
A. Public Health Standards
1. No developments in the SFHA shall include locating or
storing chemicals, explosives, buoyant materials, animal
wastes, fertilizers, flammable liquids, pollutants, or
other hazardous or toxic materials below the FPE.
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.
B. 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
shall notify adjacent communities in writing 30 days prior to
the issuance of a permit for the alteration or relocation of
the watercourse.
43
C. Protecting Buildings. Ail 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 22.807. This building
protection criteria applies to the following situation:
a. Construction or placement of a new building.
b. Nonconforming structures may remain in use, but
shall not be enlarged, replaced or structurally
altered. A nonconforming structure damaged by
flood, fire, wind or other man-made or natural
disaster may be restored unless the damage exceeds
fifty percent 50%), considered on a cumulative
basis, of its market value. In which case, it
must, thereafter, conform to this Ordinance.
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.
1. A residential or nonresidential building, when allowed,
may be constructed on permanent land fill in accordance
with the following:
a. The lowest floor, (including basement) shall be a
minimum of two feet above the base flood 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 top of the fill shall be
above he flood protection elevation. However, the
ten (10) foot minimum may be waived if a structural
engineer certifies analternative 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 flow or surface drainage from or onto
44
neighboring properties. The design of the fill or
fill standard must be approved by a registered
engineer.
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 a minimum of two
feet 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. The areas below the flood protection elevation may
only be used for the parking of vehicles, building
access or storage in an area other than a basement.
When the building wall encloses open space that is
below the Base FIood Elevation, gravity storm and
sanitary sewer connections are specifically
prohibited and overhead sewers are required for the
sanitary connections and sumps for the storm sewer
connections.
e. Manufactured homes 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
45
Act issued pursuant to 77 Illinois Administrative
Code. In addition, all manufactured homes shall
meet the following elevation requirements:
(i) In case of manufactured homes placed or
substantially improved (a) outside of
manufactured home park or subdivision, (b) in
a new manufactured home park or subdivision,
(c) in an expansion to an existing
manufactured home park or subdivision, or (d)
in an existing manufactured home park or
subdivision on which a manufactured home has
incurred substantial damage from a flood, the
top of the lowest floor shall be elevated to
or above the flood protection elevation.
(ii) In the case of manufactured homes placed or
substantially improved in an existing
manufactured home park or subdivision, the
manufactured home shall be elevated so that
either the top of the lowest floor is above
the base flood elevation or the chassis is at
least 36 inches in height above grade and
supported by reinforced piers or other
foundations of equivalent strength, whichever
is less.
f.. Recreational vehicles or travel trailers shall be
required to meet the elevation and anchoring re-
quirements of Subsection 22.809c.2.e above unless:
(i) They are on site for less than 180 consecutive
days; and,
(ii) They are fully licensed and ready for highway
use.
A recreational vehicle is ready for highway
use if it is on its wheels or jacking system,
is attached to the site only by quick
disconnect type utility and service devices,
and has no permanently attached additions.
3. Only a non-residential building may be structurally dry
floodproofed (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 lO0-year
frequency flood. The building design shall take into
account flood velocities, duration, rate of rise,
46
hydrostatic and hydrodynamic forces, the effects of
buoyancy, and impacts from debris or ice. Floodproofing
measures shall be operable without human intervention and
without an outside source of electricity (Levees, beams,
floodwalls and similar works are not considered
floodproofing for the purpose of this subsection).
Tool Sheds and detached garages on any existing
single-family platted lot, may be constructed with the
lowest floor below the flood protection elevation in
accordance with the following:
a. The building is not used for human habitation.
b. All areas below the base flood or 100-year
frequency flood elevation shall be constructed with
waterproof material. Structures located in a
regulatory floodway shall be constructed and placed
on a building site so as not to block the flow of
flood waters and shall also meet the Appropriate
Use criteria of Section 22.806. In addition, all
other requirements of Section 22.806, 22.807, a~d
22.808.
c. The structure shall be anchored to prevent
flotation.
d. Service facilities such as electrical and heating
equipment shall be elevated or flood proofed to the
flood protection elevation.
e. The building shall be valued at less than $5,000.00
and be less than 500 square feet in floor size.
f. The building shall be used only for the storage of
vehicles or tools and may not contain other rooms,
workshops, greenhouses or similar uses.
4. Non-conforming structures located in a regulatory
floodway may remain in use, but may not be enlarged,
replaced or structurally altered. A non-conforming
structure damaged by flood, fire, wind or other natural
or man-made disaster may be restored unless the damage
exceeds fifty percent (50%) of its market value before it
was damaged, in which case it shall conform to this
Ordinance.
SECTION 22.810 OTHER DEVELOPMENT REOUIREMENTS
A. The Board of Trustees shall take into account flood
hazards, to the extent that they are known, in all official
actions related to land management, use and development.
47
1. New subdivisions, manufactured home parks, annexation
agreements, and Planned Unit Developments (PUDs) within
the SFHA shall be reviewed to assure that the proposed
developments are Consistent with Sections 22.806, 22.807,
22.808, 22.809, of this Ordinance and the need to
minimize flood damage. Plats or plans for new
subdivision, manufactured 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 water in
accordance with the Plat Act (Ill. Rev Stat., ch. 109,
Sec. 2).
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 100-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 for calculating
the base flood or 100-year frequency flood elevation per
Section 22.805. B. and the floodway delineation per the
definition in Section 22.802 and submitting it to the
State Water Survey and DWR for review and approval as
best available regulatory data.
3. Streets, blocks, lots, parks and other public grounds
shall be located and laid out in such a manner as to
preserve and utilize natural streams and channels.
Wherever possible, the flood plains shall be included
within parks or other public grounds.
4. The Board of Trustees, shall not approve any Planned Unit
Development (PUD) or plat of subdivision located outside
the corporate limits unless such agreement or plat is in
accordance with the provisions of this Ordinance.
SECTION 22.811 VARIANCES
A. No variances shall be granted to any development located
in a regulatory floodway, as defined in Section 22.802.
However, when a development proposal is located outside of a
regulatory floodway, and whenever the standards of this
Ordinance place undue hardship on a specific development
proposal, the applicant may apply to the Zoning Board of
Appeals for a variance. The Zoning Board of Appeals shall
review the applicant's request for a variance and shall submit
its recommendation to the Village Board of Trustees.
1. No variance shall be granted unless the applicant
demonstrates that:
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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, safety, beneficial stream uses and
functions, especially aquatic habitat, or creation
of a nuisance;
e. There will be no additional public expense for
flood protection, lost environmental stream uses
and functions, rescue or relief operations,
policing, or repairs to stream beds and banks,
roads, utilities, or other public facilities;
f. The provisions of Section 22.806. B. and 22.808.B.
of this Ordinance shall still be met;
g. The activity is not in a regulatory floodway;
h. The applicant's 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.
2. The Director of Inspection Services shall notify an
applicant in writing that a variance from the
requirements of Section 22.809 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.
3. Variances requested in connection with restoration of a
historic site or historic structure as defined Zin
Subsection 22.802. Historic structures, may be granted
using criteria more permissive than the requirements of
Sections 22.811.A.1 - 22.811.A.2.
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a. The repair or rehabilitation is the minimum
necessary to preserve the historic character and
design of the structure; and,
b. The repair of rehabilitation will not result in the
structure being removed as a certified historic
structure.
SECTION 22.812 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 byman-made or natural causes. This Ordinance does not
imply that development, either inside or outside of the SFHA, will
be free from flooding or damage. This Ordinance does not create
liability on the part of the Village or any officer or employee
thereof for any flood damage that results from reliance on this
Ordinance or any administrative decision made lawfully thereunder.
SECTION 22.813 PENALTY
A. 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
Director of Inspection Services may determine that a violation
of the minimum standards of this Ordinance exist. The
Director of Inspection Services shall notify the owner in
writing of such violation.
1. If such owner fails after ten days notice to correct the
violation:
a. The Village may make application to the Circuit
Court foran 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 one-thousand dollars
($1,000.00) 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 may record a notice of violation on the
title to the property.
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2. The Director of Inspection Services 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.
3. Nothing herein shall prevent the Village 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 22.814 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, deed
restrictions conflict or overlap, whichever imposes the more
stringent restriction 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.
SECTION 22.815 SEPARABILITY
The provisions and sections of this Ordinance shall be deemed
separable and the invalidity of any portion of this Ordinance shall
not affect the validity of the remainder.
SECTION 22.816 EFFECTIVE DATE
This Ordinance shall be in full force and effect from and
after its passage and approval and publication, as required by law.
AYES: Busse, Corcoran, Floros, Wilks
NAYS: None
ABSENT: Hoefert, C]owes
PASSED and APPROVED THIS lRth day of Auqust , 1992.
Carol A. Fields
Village Clerk
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