(A) (1) Development in and/or filling of the flood fringe will be permitted if protection is provided against the base flood or 100-year frequency flood by proper elevation and compensatory storage and other provisions of this chapter are met. No use will be permitted which adversely affects the capacity of drainage facilities or systems.
(2) Developments located within the flood fringe shall meet the requirements of this section, along with the requirements of § 152.07.
(a) No person, firm, corporation or governmental body not exempted by state law shall commerce any development in the SFHA without first obtaining a development permit from the Building Official.
(b) Application for a development permit shall be made on a form provided by the village. The application shall be accompanied by drawings of the site, drawn to scale, showing property line dimensions and legal description for the property and sealed by a licensed engineer, architect or land surveyor; existing grade elevations in M - S.L. 1929 adj. datum or N.G.V.D. and all changes in grade resulting from excavation or filling; the location and dimensions of all buildings and additions to buildings. For all proposed buildings, the elevation of the lowest floor, including basement, and lowest adjacent grade shall be shown on the submitted plans and the development will be subject to the requirements of § 152.07.
(c) Upon receipt of any development permit application, the Building Official 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 date of the site’s first flood insurance rate map identification is not located in the SFHA and, therefore, not subject to the requirements of this chapter. 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.
(d) A soil erosion and sedimentation control plan for disturbed areas shall be submitted.
1. 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.
2. This plan shall also include a description of final stablization and revegetation measures and the identification of a responsible party to ensure post construction maintenance.
(e) The Building Official 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 development activity. The Building Official shall not issue a permit unless all other local, state and federal permits have been obtained.
(f) No development in the flood fringe shall create a threat to public health and safety.
(g) 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.
(h) 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 one and one-half times the volume of storage lost due to the fill or structure. In the case of streams and watercourses, the excavation shall be made opposite or adjacent to the areas so filled or occupied. All flood plain storage lost below the existing ten-year flood elevation shall be replaced below the proposed ten-year flood elevation. All flood plain storage lost above the existing ten-year flood elevation shall be replaced above the proposed ten-year flood elevation. All such excavation shall be constructed to drain freely and openly to the watercourse.
(1981 Code, § 30.06)
(B) (1) This section applies to proposed development, redevelopment, site modification or building modification within a regulatory floodway. The regulatory floodway for the Fox River shall be delineated on the regulatory floodway maps designated by DWR according and referenced in § 152.02; 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.
(2) The development shall also meet the requirements of § 152.07.
(a) 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 Building Inspector.
(b) Application for a development permit shall be made on a form provided by the village. The application shall include the following information:
1. Name and address of applicant;
2. 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;
3. Name of stream or body of water affected;
4. Description of proposed activity;
5. Statement of purpose of proposed activity;
6. Anticipated dates of initiation and completion of activity;
7. Name and mailing address of the owner of the subject property if different from the applicant;
8. Signature of applicant or the applicant’s agent;
9. If the applicant is a corporation, the President or other authorized officer shall sign the application form;
10. If the applicant is a partnership, each partner shall sign the application form;
11. If the applicant is a land trust, the trust officer shall sign the name of the trustee by him or 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.)
12. Plans of the proposed activity shall be provided which include, as a minimum:
a. 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;
b. 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;
c. Cross-section view 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, ten-year frequency flood elevation, 100-year frequency flood elevation and graphic or numerical scales, horizontal and vertical;
d. A soil erosion and sedimentation control plan for disturbed areas; and (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. A copy of the regulatory floodway map, marked to reflect any proposed change in the regulatory floodway location.
13. Any and all other local, state and federal permits or approval letters that may be required for this type of development;
14. Engineering calculations and supporting data shall be submitted showing that the proposed work will meet the permit criteria of this division (B);
15. 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.)
16. 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 § 152.07;
17. If the proposed project involves a channel modification, the applicant shall submit the following information:
a. A discussion of the purpose of and need for the proposed work;
b. A discussion of the feasibility of using alternative locations or methods to accomplish the purpose of the proposed work;
c. 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;
d. An analysis of the extent and permanence of the impacts each feasible alternative identified herein would have on the physical and biological conditions of the body of water affected; and
e. An analysis of the impacts of the proposed project, considering cumulative effects on the physical and biological conditions of the body of water affected.
(c) The Building Inspector 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 Building Inspector 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.
(d) 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 chapter. Only those appropriate uses listed in applicable Illinois Administrative Code regulations 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:
1. Flood control structures, dikes, dams and other public works or private improvements relating to the control of drainage, flooding, erosion or water quality or habitat for fish and wildlife;
2. Structures or facilities relating to the use of, or requiring access to, the water or shoreline, such as pumping and treatment facilities and facilities and improvements related to recreational boating, commercial shipping and other functionally water dependent uses;
3. Storm and sanitary sewer out falls;
4. Underground and overhead utilities;
5. Recreational facilities such as playing fields and trail systems including any related fencing (at least 50% open when viewed from any one direction) built parallel to the direction of flood flows and including open air pavilions;
6. Detached garages, storage sheds or other non-habitable accessory structures without toilet facilities to existing buildings that will not block flood flows, nor reduce floodway storage;
7. Bridges, culverts, roadways, sidewalks, railways, runways and taxiways and any modification thereto;
8. Parking lots and any modifications thereto (where depth of flooding at the 100-year frequency flood event will not exceed 1.01) and aircraft parking aprons built at or below ground elevation;
9. Regulatory floodway regrading, without fill, to create a positive non-erosive slope toward a watercourse;
10. Floodproofing 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 feet away from the exterior wall of the existing structure, and, which are not considered substantial improvements to the structure;
11. In the case of damaged or replacement buildings, reconstruction or repairs made to a building that are valued at less than 50% of the market value of the building before it was damaged or replaced and which do not increase the outside dimensions of the building; and
12. Additions to existing buildings above the BFE that do not increase the buildings footprint and are valued at less than 50% of the market value of the building.
(e) 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 § 152.07:
1. 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 100-year frequency flood. In calculating effective regulatory floodway conveyance, the following factors shall be taken into consideration:
a. Regulatory floodway conveyance:
2/3
“K” 1.486 AR
n
“K” 1.486 AR
n
i. n is Manning’s Toughness factor;
ii. A is the effective area of the cross-section; and
iii. R is the ratio of the area to the wetted perimeter.
b. 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.
c. 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:
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.
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. Transition sections shall be provided between cross-sections with rapid expansions and contractions and when meeting the regulatory floodway delineation on adjacent properties.
v. All cross-sections used in the calculations shall be located perpendicular to flood flows.
2. 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 at least equal to one and one-half 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. All regulatory floodway storage lost below the existing ten-year flood elevation shall be replaced below the proposed ten-year flood elevation. All regulatory floodway storage lost above the existing ten-year flood elevation shall be replaced above the proposed ten-year flood elevation. All such excavation 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 DWR through a determination of flood discharges and water surface elevations that the compensatory storage is hydraulically equivalent. Finally, there shall be no reduction in floodway surface area as a result of a floodway modification unless the modification is necessary to reduce flooding at existing structure.
3. For all appropriate uses, except bridges or culverts or oil 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 oil 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 soil erosion and sedimentation will be avoided by the use of rip-rap or other design measures.
4. 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 un-stream 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 flood stage is greater than 0.1 feet, the developer must contact DWR, Dam Safety Section, for a dam safety permit or waiver.
a. The engineering analysis of upstream flood stages must be calculated using the flood study flows and corresponding flood elevations for all water conditions for the flood study specified in § 152.05. Culverts must be analyzed using the U.S. DOT, FHWA Hydraulic Chart for the Selection of Highway Culverts. Bridges must be analyzed using the U.S. DOT/Federal Highway Administration Hydraulics of Bridge Waterways calculation procedures.
b. Lost floodway storage must be compensated for per this division (B).
c. Velocity increases must be mitigated per this division (B).
d. 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.
e. 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 this division (B).
f. All excavations for the construction of the crossing shall be designed per this division (B).
5. a. 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.
b. If the existing bridge or culvert and roadway approach is a source of flood damage to buildings or structures in the upstream flood plain, the applicant’s engineer shall evaluate the feasibility of redesigning the structure to reduce the existing backwater, taking into consideration the effects on flood stages on upstream and downstream properties.
c. The determination as to whether or not the existing crossing is a source of flood damage and should be redesigned must be prepared in accordance with applicable Illinois Administrative Code regulations and submitted to the Division for review and concurrence before a permit is issued.
6. Any increase in upstream flood stages greater than zero foot when compared to the existing conditions, for all flood events up to and including the 100-year frequency event shall be contained within the channel banks or within existing vertical extensions of the channel banks such as within the design protection grade of existing levees or flood walls or within recorded flood easements. A permit or letter indicating a permit is not required must be obtained from DWR, Dam Safety Section, for a dam safety permit or waiver for any structure built for the purpose of backing up water in the stream during normal or flood flow. All dams and impoundment structures, as defined § 152.02, shall meet the permitting requirements of applicable Illinois Administrative Code regulations. If the proposed activity involves a modification of the channel or floodway to accommodate an impoundment, it shall be demonstrated that:
a. The impoundment is determined to be in the public interest by providing flood control, public recreation or regional stormwater detention;
b. 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;
c. 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.)
d. A non-point source control plan has been implemented in the upstream watershed to control the effects of sediment runoff as well as minimize the input of nutrients, oil and grease, metals and other pollutants; and (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.)
e. The project otherwise complies with the requirements of this division (B).
7. If construction is required beyond the outside dimensions of the existing building, the outside perimeter of the floodproofing construction shall be placed no further than ten feet from the outside of the building. Compensation of lost storage and conveyance will not be required for floodproofing activities.
8. 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 DWR through engineering calculations or model tests that more abrupt transitions may be used with the same efficiency:
a. When water is flowing from a narrow section to a wider section, the water should be assumed to expand no faster than at a rate of one foot horizontal 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 every one foot of the flooded stream’s length;
c. When expanding or contracting flows in a vertical direction, a minimum of one foot vertical transition for every ten feet of stream length shall be used; and
d. Erosion /scour protection shall be provided inland upstream and downstream of the transition sections.
9. If the proposed activity involves a channel modification, it shall be demonstrated that:
a. There are not practicable alternatives to the activity which would accomplish its purpose with less impact to the natural conditions of the body of water affected; (Possible alternatives include levees, bank stabilization, flood proofing of existing structures, removal of structures from the flood plain, clearing the channel, high flow channel or the establishment of a stream side buffer strip or green belt. Channel modification is acceptable if the purpose is to restore natural conditions and improve water quality and fish and wildlife habitat.)
b. 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 resources values;
c. 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.
i. 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.
ii. Hydraulically effective transitions shall be provided at both the upstream and downstream ends of the project, designed such that they will prevent erosion.
iii. One-sided construction of a channel shall be used when feasible. Removal of stream side, riparian vegetation should be limited to one side of the channel, where possible, to preserve the shading and stablization effects of the vegetation.
iv. Clearing of vegetation shall be limited to that which is essential for construction of the channel.
v. Channel banks shall be constructed with a side slope no steeper than three to one horizontal to vertical, wherever practicable. Natural vegetation and gradual side slopes are the preferred methods for bank stabilization. Where high velocities or sharp bends necessitate the use of alternative stablization measures, natural rock or rip rap are preferred materials. Artificial materials such as concrete, gabions or construction rubble should be avoided unless there are not practicable alternatives.
vi. All 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.
vii. 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 testing areas and flow characteristics compatible with fish habitat shall also be established where appropriate.
viii. A sediment basin shall be installed at the downstream end of the modification to reduce sedimentation and degradation of downstream water quality.
ix. New or relocated channels should be built in the dry season and all items of construction, including vegetation, should be completed prior to diversion of water into the new channel.
x. There shall be no increases in stage or velocity as the channel enters or leaves the project site for any frequency flood unless necessitated by a public flood control project or unless such an increase is justified as part of a habitat improvement or erosion control project.
xi. 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.
xii. The project otherwise complies with the requirements of this division (B).
10. For all activities located in a floodway, a seeding and stabilization plan shall be submitted by the applicant.
11. 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:
a. 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.
b. Temporary and/or permanent soil stabilization shall be applied to eroded 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.
c. 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.
d. A vegetated buffer strip of at least 25 feet in width shall be preserved and/or re-established, where possible, along existing channels. Construction vehicle use of channels shall be minimized. Temporary stream crossings shall be constructed, where necessary, to minimize erosion. Necessary construction in or along channels shall be re-stabilized immediately.
e. Soil erosion and sedimentation control measures shall be designed and implemented consistent with “Procedures and Standards for Urban Soil Erosion and Sedimentation, Control in Illinois,” (1988) also known as the “Green Book” and “Standards and Specifications for Soil Erosion and Sediment Control,” (IEPA, 1987).
12. 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.
13. a. The flood profiles, flows and floodway data in the regulatory floodway study, referenced in § 152.05, 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.
b. 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 with requirements of this section for the 100-year frequency flood elevations of the regulatory floodway conditions and conditions with the receiving stream at normal water elevations.
c. 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.
14. 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 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 LOMR is issued by FEMA and DWR.
15. All engineering analyses shall be performed by or under the supervision of a registered professional engineer.
16. For all activities in the floodway involving construction within 25 feet of the channel, the following criteria shall be met:
a. A natural vegetation buffer strip shall be preserved within at least 25 feet of the ordinary high water mask of the channel.
b. 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.
c. 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.
d. After receipt of conditional approval of the regulatory floodway change and issuance of a permit and a conditional letter of map revision, construction as necessary to change the regulatory floodway designation may proceed, but no buildings 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 upon acceptance and concurrence by DWR and FEMA of the “as-built” plans.
(f) 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:
1. DWR will review an engineer’s analysis of the flood profile due to a proposed bridge pursuant to this division (B).
2. 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 this division (B).
3. The DWR will review alternative transition sections and hydraulically equivalent storage pursuant to this division (B).
4. The DWR will review and approve prior to the start of construction any Department projects, dams and all other state, federal or local units of government projects, including projects of the municipality or county.
(g) In addition to the other requirements of this chapter, 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 state statutes. No permit from DWR shall be required if the Division has delegated this responsibility to the village.
(h) Any work involving the construction, modification or removal of a dam, per applicable Illinois Administrative Code regulations, shall obtain an Illinois Division of Water Resources dam safety permit prior to the start of construction of a dam. If the Building inspector finds a dam that does not have a DWR permit, the Building Inspector shall immediately notify the Dam Safety Section of the Division of Water Resources. If the Building Inspector finds a dam which is believed to be in unsafe condition, the Building Inspector shall immediately notify the owner of the dam, DWR, Dam Safety Section, in Springfield and the Illinois Emergency Services and Disaster Agency (ESDA).
(i) The following activities may be permitted without a registered professional engineer’s review. The activities shall still meet the other requirements of this chapter, including the mitigation requirements.
1. Underground and overhead utilities that:
a. Do not result in any increase in existing ground elevations;
b. Do not require the placement of above ground structures in the floodway;
c. In the case of underground stream crossings, the top of the pipe or encasement is buried a minimum of three feet below the existing stream bed; and
d. In the case of overhead utilities, no supporting towers are placed in the watercourse and are designed in a fashion as not to catch debris.
2. Storm and sanitary sewer outfalls that:
a. Do not extend riverward or lakeward of the existing adjacent natural bank slope;
b. Do not result in an increase in ground elevation; and
c. Are designed so as not to cause stream erosion at the outfall location.
3. Construction of sidewalks, athletic fields, excluding fences, properly anchored
playground equipment and patios at grade;
4. Construction of shoreline and stream bank protection that:
a. Does not exceed 1,000 feet in length;
b. Materials are not placed higher than the existing top of bank;
c. Materials are placed so as not to reduce the cross-sectional areas of the stream channel or bank of the lake; and
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.
5. Temporary stream crossings in which:
a. The approach road will be one and one-half feet or less above natural grade;
b. The crossing will allow stream flow to pass without backing up the water above the steam 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 two feet below the top of the lowest bank; (Any fill in the channel shall be non-erosive material, such as riprap or gravel.)
d. All disturbed steam banks will be seeded or otherwise stabilized as soon as possible upon installation and again upon removal of construction; and
e. The access road and temporary crossings will be removed within one year after authorization.
(1981 Code, § 30.07)
(C) (1) In SFHA or flood plains, where no floodways have been identified and no base flood or 100-year frequency flood elevations have been established by FEMA, and draining more than a square mile, 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.
(2) No person firm, corporation or governmental body, not exempted by state law, shall commerce any development in a SFHA or flood plain without first obtaining a development permit from the Building Inspector.
(3) Application for a development permit shall be made on a form provided by the Building Inspector. 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 elevator at the lowest floor, including basement, of all proposed buildings subject to the requirements of § 152.07.
(4) 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; and
(d) Plans of the proposed activity shall be provided which include as a minimum:
1. 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;
2. 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;
3. 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, ten-year frequency flood elevation, 100-year frequency flood elevation and graphical or numerical scales (horizontal and vertical);
4. 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 re-vegetation measures and the identification of a responsible party to ensure post-construction maintenance.)
5. Engineering calculations and supporting data shall be submitted showing that the proposed work will meet criteria hereof;
6. Any and all local, state and federal permits or approvals that may be required for this type of development;
7. Based on the best available existing data according to the Illinois State Water Survey’s Flood Plain Information Repository, the Building Inspector 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 § 152.05. Any development located on land that call 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 chapter. 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.)
8. The Building Inspector 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 Building Inspector shall not issue the development permit unless all required local, state and federal permits have been obtained.)
9. No development in the SFHA, where a floodway has not been determined shall create a damaging or potentially 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 chapter.)
10. Within all riverine SFHAs 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 division (B) above for the entire flood plain as calculated under the provisions of § 152.05. 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 division (B) above for the regulatory floodway. The floodway shall be defined according to the definition in § 152.02.
b. A development permit shall not be issued unless the applicant first obtains a permit from DWR or written documentation that a permit is not required from DWR.
c. No permit from DWR shall be required if the Division has delegated permit responsibility to the village per applicable Illinois Administrative Code regulations for regulatory floodways, per DWR statewide permit entitled “Construction in Flood Plains with No Designated Floodways in Northeastern Illinois.”
d. Any work involving the construction, modification or removal of a dam or an on-stream structure to impound water, as defined in § 152.02, 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 Building Inspector finds a dam that does not have a DWR permit, the Building Inspector shall immediately notify the Dam Safety Section of the Division of Water Resources. If the Building Inspector finds a dam which is believed to be in unsafe condition, the Building Inspector 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. The activities shall still meet the other requirements of this chapter:
i. Underground and overhead utilities that:
A. Do not result in any increase in existing ground elevations;
B. Do not require above ground structures in the floodway;
C. In the case of underground stream crossings, the top of the pipe or encasement is buried a minimum of three feet below the existing stream bed; and
D. In the case of overhead utilities, supporting towers are not placed in the watercourse and are designed in such a fashion as not to catch debris.
ii. Storm and sanitary sewer outfalls that:
A. Do not extend riverward or lakeward of the existing adjacent natural bank slope;
B. Do not result in an increase in ground elevation; and
C. Are designed so as not to cause stream erosion at the outfall location.
iii. Construction of shoreline and streambed protection that:
A. Does not exceed 1,000 feet in length or two cubic yards per lineal foot of steambed;
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%; and
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 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 crossing in which:
A. The approach roads will be one-half 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 two feet below the top of the lowest batik; (Any fill in the channel shall be nonerosive material, such as rip-rap or gravel.)
D. All disturbed stream banks will be seeded or otherwise stabilized as soon as possible upon installation and again upon removal of construction; and
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 70 square feet in size, nor ten feet in any dimension (such as animal shelters and tool sheds);
xi. The construction of additions to existing buildings which do not increase the first floor area by more than 20%, which are located on the upstream or downstream side of the existing building and which do not extend beyond the sides of the existing building that are parallel to the flow of flood waters; and
x. Minor maintenance dredging of a stream channel where:
A. The affected length of stream is less than 1,000 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 to that of the natural channel upstream and downstream of the site.
f. The flood carrying capacity within any altered or relocated watercourse shall be maintained.
11. 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 one and one-half times the volume of storage lost due to the fill or structure. In the case of streams and watercourses, the excavation shall be made opposite or adjacent to the areas so filled or occupied. All flood plain storage lost below the existing ten-year flood elevation shall be replaced below the proposed ten-year flood elevation. All flood plain storage lost above the existing ten-year flood elevation shall be replaced above the proposed ten-year flood elevation. All excavations shall be constructed to drain freely and openly to the watercourse.
(1981 Code, § 30.08) (Ord. 90-5, passed - -) Penalty, see § 152.99