For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACT. An “Act in Relation to the Regulation of the Rivers, Lakes and Streams of the State of Illinois.”
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 § 152.06(C).
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 § 152.05.
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 or a prefabricated building. The term also includes recreational vehicles and travel trailers to be installed on a site for more than 180 days.
CHANNEL. Any river, strewn, creek, brook, branch, natural or artificial depression, ponded area, flowage, slough, ditch, conduit, culvert, gully, ravine, wash or natural or man-made drainage way, which has a definite bed and banks or shoreline, in or into which surface or groundwater flows, either perennially or intermittently.
CHANNEL MODIFICATION. Alteration of a channel by changing the physical dimensions or materials of its bed or banks. CHANNEL MODIFICATION includes damming, riprapping or other armoring, widening, deepening, straightening, relocating, lining and significant removal of bottom or woody vegetation. CHANNEL MODIFICATION does not include the clearing of dead or dying vegetation, debris or trash from the channel. CHANNELIZATION is a severe form of channel modification involving a typically involving relocation of the existing channel (such as 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 plain. 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 DWR and 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 or 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 STRUCTURE. A structure designed to control the rate of flow that passes through the structure, given a specific upstream and downstream water surface 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:
(1) Construction, reconstruction, repair or placement of a building or any addition to a building;
(2) Installing a manufactured home on a site, preparing a site for a manufactured home or installing a travel trailer on a site for more than 180 days;
(3) Drilling, mining, installing utilities, construction of roads, bridges or similar projects;
(4) Demolition of a structure or redevelopment of a site; and
(5) Clearing of land as an adjunct of construction.
FLOOD PLAIN.
(1) The 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 known as the SPECIAL FLOOD HAZARD AREA or 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 frequency flood. The SFHAs of the village are generally identified as such on the Kane County and Cook County Countywide Flood Insurance Rate Maps prepared by the Federal Emergency Management Agency are generally identified as such on the following map number 17089C panels 0156, 0157, and 0159 dated December 20, 2002, and panel 0180 dated November 16, 2006.
(2) The SFHAs of those parts of unincorporated Kane and Cook Counties that are within the extraterritorial jurisdiction of the village or that may be annexed into the village are generally identified as such on the Flood Insurance Rate Maps prepared for Kane County dated December 20, 2002 and November 16, 2006, and Cook County dated December 20, 2002 and November 16, 2006 by the Federal Emergency Management Agency.
FLOOD PROTECTION ELEVATION or FPE. The elevation of the base flood or 100-year frequency flood, plus one foot of freeboard at any given location in the SFHA.
FLOODPROOFING. Any combination of structural and non-structural 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.
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.
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 or LOMA. Official determination by FEMA that a specific structure is not in a 100-year flood zone; amends the effective flood hazard boundary map or FIRM.
LETTER OF MAP REVISION or 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 our without a permanent foundation when connected to the required utilities. The term MANUFACTURED HOMES also includes park trailers, travel trailers and other similar vehicles placed on site for more than 180 consecutive days.
MANUFACTURED HOME PARK OR SUBDIVISION. A parcel or contiguous parcels of land divided into two or more manufactured home lots for rent or sale.
MITIGATION. 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 set by the National Geodetic Survey deducted from a continental adjustment of all existing adjustments in 1929.
NATURAL. When used in reference to channels, those channels formed by the existing surface topography of the earth prior to changes made by humans. A natural stream tends to follow a meandering path; its flood plain is not constrained by levees; the area near the bank has not been cleared, mowed or cultivated; the stream flows over soil and geologic materials typical of the area with no substantial alteration of the course or cross-section of the stream caused by filling or excavating. A modified channel may regain some natural characteristics over time as the channel meanders and vegetation is re-established. Similarly, a modified channel may be restored to more natural conditions by humans through regrading and re-vegetation.
ORDINARY HIGH WATER MARK or 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.
REGISTERED LAND SURVEYOR. A land surveyor registered in the state under the Illinois Land Surveyors Act.
REGISTERED PROFESSIONAL ENGINEER. An engineer registered in the state under the Illinois Professional Engineering Act.
REGULATORY FLOODWAY.
(1) The channel, including on-stream lakes, and that portion of the flood plain adjacent to a stream or watercourse as designated by IDNR-DWR, which is needed to store and convey the existing and anticipated future 100-year frequency flood discharge with no more than an 0.1 foot increase in stage due to the loss of flood conveyance or storage, and no more than a 10% increase in velocities. The REGULATORY FLOODWAYS are designated for the Fox River in the Flood Insurance Study (FIS) maps dated December 20, 2002 and November 16, 2006 with corresponding profiles in the FIS prepared by FEMA.
(2) The REGULATORY FLOODWAYS for those parts of unincorporated Kane and Cook Counties that are within the extraterritorial jurisdiction of the village that may be annexed into the village are designated on the flood boundary and floodway map prepared by FEMA for Kane County dated December 20, 2002 and November 16, 2006, and Cook County dated December 20, 2002 and November 16, 2006. 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 DWR 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 storage of stormwater runoff and controlled release of this runoff during and after a flood or storm.
RIVERINE SFHA.
(1) Any SFHA subject to flooding from a river, creek, intermittent stream, ditch on stream lake or any other identified channel.
(2) This term does not include areas subject to flooding from lakes, podding 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 either on other ground surfaces or in bodies of water or watercourses.
SPECIAL FLOOD HAZARD AREA or SFHA. Any base flood area subject to flooding from a river, creek, intermittent stream, ditch or any other identified channel or podding and shown on a flood hazard boundary map or flood insurance rate map as Zone A, AO, A1-30, 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 for a manufactured home or installing a travel trailer on a site for more than 180 days.
SUBSTANTIAL IMPROVEMENT.
(1) Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either:
(a) Before the improvement or repair is started; or
(b) If the structure has been damaged and is being restored, before the damage occurred.
(2) 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 the building commences, whether or not that alteration affects the external dimensions of the structure.
(3) The term does not, however, include either:
(a) 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
(b) Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
TRANSITION SECTION. Reaches of the stream or floodway where water flows from a narrow cross-section to a wide cross-section or vice versa.
(1981 Code, § 30.02) (Ord. 90-5, passed - -; Am. Ord. 06-53, passed 11-6-2006)