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§ 157.07 PROTECTING BUILDINGS.
   (A)   In addition to the state permit and damage prevention requirements of § 157.06 of this chapter, all buildings located in the floodplain shall be protected from flood damage below the flood protection elevation. This building protection requirement applies to the following situations:
      (1)   Construction or placement of a new building or alteration or addition to an existing building valued at more than $1,000 or 70 square feet.
      (2)   Substantial improvements or structural alterations made to an existing building that increase the floor area by more than 20% or equal or exceed the market value by 50%. Alteration shall be figured cumulatively during a ten-year period. If substantially improved, the existing structure and the addition must meet the flood protection standards of this section.
      (3)   Repairs made to a substantially damaged building. These repairs shall be figured cumulatively during a ten-year period. If substantially damaged the entire structure must meet the flood protection standards of this section within 24 months of the date the damage occurred.
      (4)   Installing a manufactured home on a new site or a new manufactured home on an existing site. (The building protection requirements do not apply to returning a manufactured home to the same site it lawfully occupied before it was removed to avoid flood damage).
      (5)   Installing a travel trailer or recreational vehicle on a site for more than 180 days per year.
      (6)   Repetitive loss to an existing building as defined in § 157.02.
   (B)   Residential or non-residential buildings can meet the building protection requirements by one of the following methods:
      (1)   The building may be constructed on permanent land fill in accordance with the following:
         (a)   The lowest floor (including basement) shall be at or above the flood protection elevation;
         (b)   The fill shall be placed in layers no greater than six inches before compaction and should extend at least ten feet beyond the foundation before sloping below the flood protection elevation;
         (c)   The fill shall be protected against erosion and scour during flooding by vegetative cover, riprap, or other structural measure;
         (d)   The fill shall be composed of rock or soil and not incorporated debris or refuse material; and
         (e)   Shall not adversely affect the flow of surface drainage from or onto neighboring properties and when necessary stormwater management techniques such as swales or basins shall be incorporated.
      (2)   The building may be elevated on solid walls in accordance with the following:
         (a)   The building or improvements shall be elevated on stilts, piles, walls, crawlspace, or other foundation that is permanently open to flood waters;
         (b)   The lowest floor and all electrical, heating, ventilating, plumbing, and air conditioning equipment and utility meters shall be located at or above the flood protection elevation;
         (c)   If walls are used, all enclosed areas below the flood protection elevation shall address hydrostatic pressures by allowing the automatic entry and exit of flood waters. Designs must either be certified by a licensed professional engineer or by having a minimum of one permanent opening on each wall no more than one foot above grade with a minimum of two openings. The openings shall provide a total net area of not less than one square inch for every one square foot of enclosed area subject to flooding below the base flood elevation; and
         (d)   The foundation and supporting members shall be anchored, designed, and certified so as to minimize exposure to hydrodynamic forces such as current, waves, ice, and floating debris.
            1.   All structural components below the flood protection elevation shall be constructed of materials resistant to flood damage;
            2.   Water and sewer pipes, electrical and telephone lines, submersible pumps, and other service facilities may be located below the flood protection elevation provided they are waterproofed;
            3.   The area below the flood protection elevation shall be used solely for parking or building access and not later modified or occupied as habitable space; or
            4.   In lieu of the above criteria, the design methods to comply with these requirements may be certified by a licensed professional engineer or architect.
      (3)   The building may be constructed with a crawlspace located below the flood protection elevation provided that the following conditions are met:
         (a)   The building must be designed and adequately anchored to resist flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
         (b)   Any enclosed area below the flood protection elevation shall have openings that equalize hydrostatic pressures by allowing for the automatic entry and exit of floodwaters. A minimum of one opening on each wall having a total net area of not less than one square inch per one square foot of enclosed area. The openings shall be no more than one foot above grade;
         (c)   The interior grade of the crawlspace below the flood protection elevation must not be more than two feet below the lowest adjacent exterior grade;
         (d)   The interior height of the crawlspace measured from the interior grade of the crawl to the top of the foundations wall must not exceed four feet at any point;
         (e)   An adequate drainage system must be installed to remove floodwaters from the interior area of the crawlspace within a reasonable period of time after a flood event;
         (f)   Portions of the building below the flood protection elevation must be constructed with materials resistant to flood damage; and
         (g)   Utility systems within the crawlspace must be elevated above the flood protection elevation.
   (C)   Non-residential buildings may be structurally dry floodproofed (in lieu of elevation) provided a licensed professional engineer or architect certifies that:
      (1)   Below the flood protection elevation the structure and attendant utility facilities are watertight and capable of resisting the effects of the base flood;
      (2)   The building design accounts for flood velocities, duration, rate of rise, hydrostatic and hydrodynamic forces, the effects of buoyancy, and the impact from debris and ice;
      (3)   Floodproofing measures will be incorporated into the building design and operable without human intervention and without an outside source of electricity;
      (4)   Levees, berms, floodwalls and similar works are not considered floodproofing for the purpose of this subsection.
   (D)   Manufactured homes or travel trailers to be permanently installed on site shall be:
      (1)   Elevated to or above the flood protection elevation in accordance with § 157.07(B); and
      (2)   Anchored to resist flotation, collapse, or lateral movement by being tied down in accordance with the rules and regulations for the Illinois Mobile Home Tie-Down Act issued pursuant to 77 Ill. Adm. Code § 870.
   (E)   Travel trailers and recreational vehicles on site for more than 180 days per year shall meet the elevation requirements of § 157.07(D) unless the following conditions are met:
      (1)   The vehicle must be either self-propelled or towable by a light duty truck;
      (2)   The hitch must remain on the vehicle at all times;
      (3)   The vehicle must not be attached to external structures such as decks and porches;
      (4)   The vehicle must be designed solely for recreation, camping, travel, or seasonal use rather than as a permanent dwelling;
      (5)   The vehicles largest horizontal projections must be no larger than 400 square feet;
      (6)   The vehicle's wheels must remain on axles and inflated;
      (7)   Air conditioning units must be attached to the frame so as to be safe for movement of the floodplain;
      (8)   Propane tanks as well as electrical and sewage connections must be quick- disconnect;
      (9)   The vehicle must be licensed and titled as a recreational vehicle or park model; and
      (10)   Must either:
         (a)   Entirely be supported by jacks; or
         (b)   Have a hitch jack permanently mounted, have the tires touching the ground and be supported by block in a manner that will allow the block to be easily removed by use of the hitch jack.
   (F)   Garages, sheds or other minor accessory structures constructed ancillary to an existing residential use may be permitted provided the following conditions are met:
      (1)   The garage or shed must be non-habitable;
      (2)   The garage or shed must be used only for the storage of vehicles and tools and cannot be modified later into another use;
      (3)   The garage or shed must be located outside of the flood way or have the appropriate state and/or federal permits;
      (4)   The garage or shed must be on a single family lot and be accessory to an existing principle structure on the same lot;
      (5)   Below the base flood elevation, the garage or shed must be built of materials not susceptible to flood damage;
      (6)   All utilities, plumbing, heating, air conditioning and electrical must be elevated above the flood protection elevation;
      (7)   The garage or shed must have at least one permanent opening on each wall not more than one foot above grade with one square inch of opening for every one square foot of floor area;
      (8)   The garage or shed must be less than $15,000 in market value or replacement cost whichever is greater or less than 576 square feet (24'x 24');
      (9)   The structure shall be anchored to resist floatation and overturning;
      (10)   All flammable or toxic materials (gasoline, paint, insecticides, fertilizers, etc.) shall be stored above the flood protection elevation;
      (11)   The lowest floor elevation should be documented and the owner advised of the flood insurance implications.
(Ord. 8808, passed 5-15-12)
§ 157.08 SUBDIVISION REQUIREMENTS.
   The Danville City Council shall take into account hazards, to the extent that they are known, in all official actions related to land management use and development.
   (A)   New subdivisions, manufactured home parks, annexation agreements, planned unit developments, and additions to manufactured home parks and subdivisions shall meet the damage prevention and building protections standards of §§ 157.06 and 157.07 of this chapter. Any proposal for such development shall include the following data:
      (1)   The base flood elevation and the boundary of the floodplain, where the base flood elevation is not available from an existing study, the applicant shall be responsible for calculating the base flood elevation;
      (2)   The boundary of the floodway when applicable; and
      (3)   Signed statement by a Licensed Professional Engineer that the proposed plat or plan accounts for changes in the drainage of surface waters in accordance with the Plat Act (ILCS Ch. 765, Act 205 § 2).
   (B)   Streets, blocks lots, parks and other public grounds shall be located and laid out in such a manner as to preserve and utilize natural streams and channels. Wherever possible the floodplains shall be included within parks or other public grounds.
(Ord. 8808, passed 5-15-12)
§ 157.09 PUBLIC HEALTH AND OTHER STANDARDS.
   (A)   Public health standards must be met for all floodplain development. In addition to the requirements of §§ 157.06 and 157.07 of this chapter the following standards apply:
      (1)   No development in the floodplain shall include locating or storing chemicals, explosives, buoyant materials, flammable liquids, pollutants, or other hazardous or toxic materials below the flood protection elevation unless such materials are stored in a floodproofed and anchored storage tank and certified by a professional engineer or floodproofed building constructed according to the requirements of § 157.07 of this chapter.
      (2)   Public utilities and facilities such as sewer, gas and electric shall be located and constructed to minimize or eliminate flood damage.
      (3)   Public sanitary sewer systems and water supply systems shall be located and constructed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters.
      (4)   New and replacement on-site sanitary sewer lines or waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding. Manholes or other above ground openings located below the flood protection elevation shall be watertight.
      (5)   Construction of new or substantially improved critical facilities shall be located outside the limits of the floodplain. Construction of new critical facilities shall be permissible within the floodplain if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor (including basement) elevated or structurally dry floodproofed to the 500-year flood frequency elevation or three feet above the level of the 100-year flood frequency elevation whichever is greater. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities.
   (B)   All other activities defined as development shall be designed so as not to alter flood flows or increase potential flood damages.
(Ord. 8808, passed 5-15-12)
§ 157.10 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 City of Danville shall notify adjacent communities in writing 30 days prior to the issuance of a permit for the alteration or relocation of the watercourse.
(Ord. 8808, passed 5-15-12)
§ 157.11 VARIANCES.
   Whenever the standards of this chapter place undue hardship on a specific development proposal, the applicant may apply to the Director for a variance. The Director shall review the applicant's request for a variance and shall submit its recommendation to the Danville City Council. The Danville City Council may attach such conditions to granting of a variance as it deems necessary to further the intent of this chapter.
   (A)   No variance shall be granted unless the applicant demonstrates that all of the following conditions are met:
      (1)   The development activity cannot be located outside the floodplain;
      (2)   An exceptional hardship would result if the variance were not granted;
      (3)   The relief requested is the minimum necessary;
      (4)   There will be no additional threat to public health, safety or creation of a nuisance;
      (5)   There will be no additional public expense for flood protection, rescue or relief operations, policing, or repairs to roads, utilities, or other public facilities;
      (6)   The applicant's circumstances are unique and do not establish a pattern inconsistent with the intent of the NFIP; and
      (7)   All other state and federal permits have been obtained.
   (B)   The Director shall notify an applicant in writing that a variance from the requirements of the building protections standards of § 157.07 that would lessen the degree of protection to a building will:
      (1)   Result in increased premium rates for flood insurance up to $25 per $100 of insurance coverage;
      (2)   Increase the risk to life and property; and
      (3)   Require that the applicant proceed with knowledge of these risks and that the applicant acknowledge in writing the assumption of the risk and liability.
   (C)   Historic structures.
      (1)   Variances to the building protection requirements of § 157.07 of this chapter which are requested in connection with reconstruction, repair, or alteration of a historic site or historic structure as defined in § 157.02, may be granted using criteria more permissive than the requirements of §§ 157.06 and 157.07 of this chapter subject to the conditions that:
         (a)   The repair or rehabilitation is the minimum necessary to preserve the historic character and design of the structure;
         (b)   The repair or rehabilitation will not result in the structure being removed as a certified historic structure.
   (D)   Agriculture. Any variance granted for an agricultural structure shall be decided individually based on a case-by-case analysis of the building's unique circumstances. Variances granted shall meet the following conditions as well as those criteria and conditions set forth in this chapter. In order to minimize flood damages during the 100-year flood and the threat to public health and safety, the following conditions shall be included for any variance issued for agricultural structures that are constructed at-grade and wet-floodproofed.
      (1)   All agricultural structures considered for a variance from the floodplain management regulations of this chapter shall demonstrate that the varied structure is located in wide, expansive floodplain areas and no other alternate location outside of the special flood hazard area exists for the agricultural structure. Residential structures or animal confinement facilities, such as farm houses, cannot be considered agricultural structures.
      (2)   Use of the varied structures must be limited to agricultural purposes in zone A only as identified on the community's Flood Insurance Rate Map (FIRM).
      (3)   For any new or substantially damaged agricultural structures, the exterior and interior building components and elements (i.e., foundation, wall framing, exterior and interior finishes, flooring, etc.) below the base flood elevation, must be built with flood-resistant materials in accordance with § 157.07 of this chapter.
      (4)   The agricultural structures must be adequately anchored to prevent flotation, collapse, or lateral movement of the structures in accordance with § 157.07 of this chapter. All of the building's structural components must be capable of resisting specific flood-related forces including hydrostatic, buoyancy, and hydrodynamic and debris impact forces. Any mechanical, electrical, or other utility equipment must be located above the base flood elevation or floodproofed so that they are contained within a watertight, floodproofed enclosure that is capable of resisting damage during flood conditions in accordance with § 157.07 of this chapter.
      (5)   The NFIP requires that enclosure or foundation walls, subject to the 100-year flood, contain openings that will permit the automatic entry and exit of floodwaters in accordance with § 157.07(B) of this chapter.
      (6)   The agricultural structures must comply with the floodplain management floodway provisions of § 157.06 of this chapter. No variances may be issued for agricultural structures within any designated floodway.
      (7)   Wet-floodproofing construction techniques must be reviewed and approved by the floodplain administrator and a registered professional engineer or architect prior to the issuance of any floodplain development permit for construction.
(Ord. 8808, passed 5-15-12)
§ 157.12 DISCLAIMER OF LIABILITY.
   The degree of protection required by this ordinance is considered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of study. Larger floods may occur or flood heights may be increased by man-made or natural causes. This chapter does not imply that development either inside or outside of the floodplain will be free from flooding or damage. This chapter does not create liability on the part of the City of Danville or any officer or employee thereof for any flood damage that results from proper reliance on this ordinance or any administrative decision made lawfully thereunder.
(Ord. 8808, passed 5-15-12)
§ 157.13 ABROGATION AND GREATER RESTRICTIONS.
   This chapter repeals and replaces other ordinances adopted by the City of Danville to fulfill the requirements of the National Flood Insurance Program including: Ordinance #6573 passed 5-23-1978, Ordinance #8501 passed 9-19-2006 and Ordinance #8805 passed 5-1-2012. However, this chapter does not repeal the original resolution or ordinance adopted to achieve eligibility in the program. Nor does this chapter repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Where this chapter and other ordinance easements, covenants or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(Ord. 8808, passed 5-15-12)
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