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The Board 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 §§ 152.21 and 152.22. Any proposal for the 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) A signed statement by a registered 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 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. 07-18, passed 10-18-2007)
(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 § 152.22.
(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 aboveground openings located below the flood protection elevation shall be water-tight.
(5) (a) 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 flood waters.
(b) 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. 07-18, passed 10-18-2007)
(A) For all projects involving channel modification, fill or stream maintenance (including levees), the flood carrying capacity of the watercourse shall be maintained.
(B) In addition, the county shall notify adjacent communities in writing 30 days prior to the issuance of a permit for the alteration or relocation of the watercourse.
(Ord. 07-18, passed 10-18-2007)
(A) Failure to obtain a permit for development in the floodplain or failure to comply with the conditions of a permit or a variance shall be deemed to be a violation of this chapter. Upon due investigation, the County State’s Attorney may determine that a violation of the minimum standards of this chapter exists. The County State’s Attorney shall notify the owner in writing of the violation.
(B) If the owner fails, after ten days’ notice, to correct the violation:
(1) The county shall make application to the Circuit Court for an injunction requiring conformance with this chapter or make other order as the court deems necessary to secure compliance with the chapter;
(2) Any person who violates this chapter shall upon conviction thereof be fined not less than $50 or more than $750 for each offense;
(3) A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues; and
(4) The county shall record a notice of violation on the title of the property.
(C) (1) The County State’s Attorney shall inform the owner that any violation is considered a willful act to increase flood damages and therefore may cause coverage by a standard flood insurance policy to be suspended.
(2) The County State’s Attorney is authorized to issue an order requiring the suspension of the subject development. The stop-work order shall be in writing, indicate the reason for the issuance, and shall order the action, if necessary, to resolve the circumstances requiring the stop-work order. The stop-work order constitutes a suspension of the permit.
(3) No site development permit shall be permanently suspended or revoked until a hearing is held by the County Land Use Committee. Written notice of the hearing shall be served on the permittee and shall state:
(a) The grounds for the complaint, reasons for suspension or revocation; and
(b) The time and place of the hearing.
(4) At the hearing, the permittee shall be given an opportunity to present evidence on his, her or their behalf. At the conclusion of the hearing, the County Land Use Committee shall determine whether the permit shall be suspended or revoked.
(D) Nothing herein shall prevent the county from taking other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible.
(Ord. 07-18, passed 10-18-2007)