CHAPTER 155: SPECIAL FLOOD HAZARD AREAS
Section
   155.01   Purpose
   155.02   Provisions for accomplishing the purpose
   155.03   Definitions
   155.04   Base flood elevation
   155.05   Development permit
   155.06   Preventing increased damages
   155.07   Protecting buildings
   155.08   Other development requirements
   155.09   Variances
   155.10   Disclaimer of liability
   155.11   Abrogation and greater restrictions
 
   155.99   Penalty
§ 155.01 PURPOSE.
   This chapter is enacted pursuant to the police powers granted to this village by Ill. Rev. Stat. (Ch. 24, §§ 1-2-1, 11-12-12, 11-30-2, 11-30-8 and 11-31-2) in order to accomplish the following purposes:
   (A)   To prevent unwise developments from increasing the flood or drainage hazards to others;
   (B)   To protect new buildings and major improvements to buildings from flood damage;
   (C)   To protect human life and health from the hazards of flooding;
   (D)   To lessen the burden on the taxpayer for flood control projects, repairs to flooding-damaged public facilities and utilities, and flood rescue and relief operations;
   (E)   To maintain property values and a stable tax base by minimizing the potential for creating flood blight areas;
   (F)   To make federally subsidized flood insurance available for property in the village; and
   (G)   To provide for the orderly growth and development (pursuant to the Village Comprehensive Plan) of an environment that is especially sensitive to changes from human activity.
(Ord. 377, passed 10-4-1982)
§ 155.02 PROVISIONS FOR ACCOMPLISHING THE PURPOSE.
   (A)   All new development proposals in the special flood hazard areas shall be reviewed and approved by the Village Clerk.
   (B)   The Village Clerk’s review is to ensure the following:
      (1)   New development will not change the flow of flood or other surface drainage waters so that other properties become more susceptible to damage;
      (2)   New developments will not create special hazards or nuisances when flooded; and
      (3)   New buildings and major improvements to existing buildings will not be subject to damage by the base flood.
(Ord. 377, passed 10-4-1982)
§ 155.03 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BASE FLOOD. The flood having a 1% probability of being equaled or exceeded in any given year. The BASE FLOOD is also known as the 100-YEAR FLOOD. The base flood elevation at any location is as defined in § 155.04 below.
   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 in order that such tanks will be constructed to the same flood damage protection standards. The term includes a mobile home or prefabricated building which is affixed on a permanent site and connected to the required utilities. The term does not include recreational vehicles or travel trailers.
   DEVELOPMENT. Any human-made change to real estate, including:
      (1)   Construction, reconstruction or placement of a building or an addition to a building valued at more than $1,000;
      (2)   Installing a mobile home on a site or preparing a site for a mobile home;
      (3)   Drilling, mining, installing utilities or facilities, construction of roads, bridges or similar projects valued at more than $1,000;
      (4)   Construction or erection of levees, walls or fences;
      (5)   Filling, dredging, grading, excavating or other nonagricultural alterations of the ground surface;
      (6)   Storage of materials; or
      (7)   Any other activity that might change the direction, height or velocity of flood or surface waters.
   DEVELOPMENT. Does not include:
      (1)   Maintenance of existing buildings and facilities such as re-roofing or re-surfacing roads;
      (2)   Repairs made to a damaged building that do not change the building’s exterior dimensions and that are valued at less than 50% of the value of the building before the damage occurred;
      (3)   Gardening, plowing or similar agricultural practices that do not involve filling, grading or construction of levees; or
      (4)   Agricultural development activities on farms as exempted by law.
   FLOOD. A general and temporary condition of inundation of normally dry land areas from the overflow, the unusual and rapid accumulation, or the runoff of surface waters from any source.
   FLOODWAY. That portion of the SFHA required to store and convey the base flood. If not prohibited, building or placing obstructions in a floodway will increase flood damages to other properties.
   FPE or FLOOD PROTECTION ELEVATION. The elevation of the base flood (plus one foot) at any given location in the SFHA.
   SFHA or SPECIAL FLOOD HAZARD AREA. Those lands within the jurisdiction of the village that are subject to inundation by the base flood. The SFHAs of the village generally identified as such on the flood insurance rate map (FIRM) of the village prepared by the Federal Insurance Administration and dated November 3, 1982.
(Ord. 377, passed 10-4-1982)
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