For the purposes of this article XIV, the following definitions are adopted.
ACCESSORY STRUCTURE. A non-habitable building, used only for parking of vehicles or storage, that is on the same parcel of property as the principal building and the use of which is incidental to the use of the principal building.
ACT. "An Act in Relation to the Regulation of the Rivers, Lakes and Streams of the State of Illinois," 615 ILCS 5/4.9 et seq.
AGRICULTURAL STRUCTURE. A walled and roofed structure used exclusively for agricultural purposes or uses in connection with the production, harvesting, storage, raising, or drying of agricultural commodities and livestock, including aquatic organisms. Structures that house tools or equipment used in connection with these purposes or uses are also considered to have agricultural purposes or uses.
APPLICANT. Any person, firm, corporation or agency that submits an application.
APPROPRIATE USE. A use of the regulatory floodway that is permissible and will be considered for permit issuance.
BASE FLOOD. The flood having a 1% probability of being equaled or exceeded in any given year. The BASE FLOOD also is known as the 100-year frequency flood event.
BASE FLOOD ELEVATION (BFE). The height in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum, where specified) of the crest of the base flood. Application of the BFE at any location is as defined in Section 9-97 of this article XIC.
BASEMENT. Any area of the building, including any sunken room or sunken portion of a room, having its floor below ground level (subgrade) on all sides.
BREAKAWAY WALL. A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.
BUILDING. A walled and roofed building, including gas or liquid storage tank, that is principally above ground, including manufactured homes and prefabricated buildings. The term also includes recreational vehicles and travel trailers installed on a site for more than 180 consecutive days.
BUILDING COMMISSIONER. The building commissioner of the village.
CHANNEL. Any river, stream, creek, brook, branch, natural or artificial depression, ponded area, flowage, slough, ditch, conduit culvert, gully, ravine, wash, or natural or manmade drainageway, 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 native vegetation from the bottom or banks. 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 significant change in the channel cross-section and typically involving relocation of the existing channel (e.g. straightening).
COASTAL HIGH HAZARD AREA. An area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. A coastal high hazard area is identified on a community's FIRM by the designation of Zone VE.
COMPENSATORY STORAGE. An artificially excavated, hydraulically equivalent volume of storage used to balance the loss of natural flood storage capacity when artificial fill or structures are placed within the floodplain.
CONDITIONAL APPROVAL OF A REGULATORY FLOODWAY MAP CHANGE. Preconstruction approval by OWR and FEMA of a proposed change to the floodway map. This preconstruction approval, pursuant to this article XIV, 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 (CLOMR). A letter which indicates that FEMA will revise base flood elevations, flood insurance rate zones, flood boundaries or regulatory floodways as shown on a FIRM for flood boundary and floodway map (“FBFM”), once the as-built plans are submitted and approved.
CRITICAL FACILITY. Any facility which is critical to the health and welfare of the population and, if flooded, would create an added dimension to the disaster. Damage to these critical facilities can impact the delivery of vital services, can cause greater damage to other sectors of the community, or can put special populations at risk.
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. DAM does not include underground storage tanks.
DESIGNATED FLOODWAY. The channel, including on-stream lakes, and that portion of the floodplain adjacent to a stream or watercourse, generally depicted on the FEMA FIRM map, which is needed to store and convey the existing base flood discharge with no more than a 0.1-foot increase in stage due to the loss of flood conveyance or storage, and no more than a 10% increase in velocities. Designated floodways may also be referred to herein as regulatory floodways.
(1) The floodways are designated for on the countywide FIRM of Cook County prepared by FEMA and dated August 19, 2008 and September 10, 2021. When two floodway maps exist for a waterway, the more recent effective floodway limit shall prevail.
(2) The floodways for those parts of unincorporated Cook County that are within the extraterritorial jurisdiction of the village that may be annexed into the village are designated on the countywide FIRM of Cook County prepared by FEMA and dated August 19, 2008.
(3) To locate the designated floodway boundary on any site, the designated floodway boundary should be scaled off the FIRM 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 designated floodway boundary, IDNR/OWR should be contacted for the interpretation.
DEVELOPMENT.
(1) Any human-made change to real estate, including, without limitation:
A. Construction, reconstruction, repair or replacement of a building or any addition to a building;
B. Installation of a manufactured home on a site, preparation of a site for manufactured home or installation of a travel trailer on a site for more than 180 days;
C. Drilling, mining, installation of utilities, construction of roads or bridges, or similar projects;
D. Demolition of a building or redevelopment of a site;
E. Clearing of land as an adjunct of construction;
F. Construction or erection of levees, walls, fences, dams or culverts; filling, dredging, grading, excavating, paving or other non-agricultural alterations of the ground surface; or storage of materials;
G. Any other human activity that might change the direction, height or velocity of flood or surface water; and
H. Substantial improvement of an existing building;
(2) DEVELOPMENT does not include maintenance of existing buildings and facilities such as re-roofing or resurfacing of roads when there is no increase in elevation or gardening, plowing and similar agricultural practices that do not involve filling, grading or construction of levees.
ELEVATION CERTIFICATE. A form published by FEMA that is used to certify the elevation to which a building has been elevated.
EXEMPT ORGANIZATIONS. Organizations that are exempt from this article XIV pursuant to Illinois statutory law.
FEMA. The Federal Emergency Management Agency and its regulations at 44 C.F.R. §§ 59 through 79, effective as of October 1, 1986. This incorporation does not include any later editions or amendments.
FIRM. Flood insurance rate map, which is a map prepared by FEMA that depicts the SFHA’s within a community. This map includes insurance rate zones and floodplains, and may or may not depict regulatory floodways.
FLOOD. A general and temporary condition of partial or complete inundation of normally dry land areas from overflow of inland or tidal waters, or from the unusual and rapid accumulation or runoff of surface waters from any source. Flood also includes the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters.
FLOOD FREQUENCY. A period of years, based on a statistical analysis, during which a flood of a stated magnitude may be expected to be equaled or exceeded.
FLOOD FRINGE. That portion of a Zone A or Zone AE floodplain that is outside of the floodway.
FLOODPLAIN. The land typically adjacent to a body of water with ground surface elevations at or below the base flood elevation. FLOODPLAINS also may include detached SFHAs, ponding areas and the like. The FLOODPLAIN also is known as the SFHA and includes the regulatory floodway and flood fringe.
(1) The floodplains are those lands within the jurisdiction of the village that are subject to inundation by the base flood. The floodplains of the village are generally identified as such on panel number(s) 17031C0093J, 17031COQ94K, 17031C01131K, 17031C0231J, 17031C0232J and 17031C0251K for Cook County as prepared by the FEMA and dated August 19, 2008 and September 10, 2021.
(2) The floodplains of those parts of unincorporated Cook County that are within the extraterritorial jurisdiction of the village or that may be annexed into the village and that are subject to inundation by the base flood. Floodplains are generally identified as such on panel numbers(s) 17031C0093J and 17031C0232J of the countywide FIRM for Cook County by the FEMA and dated August 19, 2008.
FLOODPLAIN ADMINISTRATOR. The village engineer of the Village of Glencoe.
FLOOD PROOFING. Any combination of structural and non-structural additions, changes or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
FLOOD PROOFING CERTIFICATE. A form published by FEMA that is used to certify that a building has been designed and constructed to be structurally dry flood proofed to the flood protection elevation.
FLOOD PROTECTION ELEVATION. The elevation of the base flood plus one foot of freeboard at any given location in the SFHA.
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. An engineering analysis that determines the expected flood flows and flood elevations based on land characteristics and rainfall events.
IDNR /OWR JURISDICTIONAL STREAM. IDNR/OWR has jurisdiction over any stream serving a tributary area of 640 acres or more in an urban or urbanizing area, or in the floodway of any stream serving a tributary area of 6,400 acres or more in a rural area. Construction on these streams requires a permit from the IDNR/OWR (17 Ill. Adm. Code Part 3700 or Part 3708). The IDNR/OWR may grant approval for specific types of activities by issuance of a statewide permit or a regional permit.
LETTER OF MAP AMENDMENT (LOMA). Official determination by FEMA that a specific building, area of land or a parcel of land, where there has not been any alteration of the topography since the date of the first NFIP map showing the property within the floodplain, was inadvertently included within the floodplain and that the building, area of land or a parcel of land is removed from the floodplain.
LETTER OF MAP REVISION. A letter that revises base flood or 100-year frequency flood elevations, flood insurance rate zones, flood boundaries or regulatory floodways as shown on an effective FIRM or FBFM.
LIMIT OF MODERATE WAVE ACTION (LiMWA). A line shown on a FIRM to indicate the inland limit of the 1.5-foot breaking wave height during the base flood.
LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure usable solely for parking of vehicles, building access or storage, in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the building in violation of the applicable non-elevation design requirements of this article XIV.
MANUFACTURED HOME. A structure, transportable in one or more sections, that is built on a permanent chassis and may be used with or without a foundation when connected to required utilities. MANUFACTURED HOME includes park trailers and travel trailers or similar recreational vehicles placed on a 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.
MODERATE WAVE ACTION AREA (MoWA). A special flood hazard area subject to the potential for breaking wave heights of greater than or equal to one and one-half feet, but less than three feet, where the primary source of flooding is astronomical tides, storm surges, seiches, and/or tsunamis. A MoWA is an area within zone AE on a FIRM that is between the inland limit of zone VE and a LiMWA, where identified. (Also known as "Coastal A Zone").
NAVD 88. The National American Vertical Datum of 1988. NAVD 88 supersedes the National Geodetic Vertical Datum of 1929 (NVGD).
NEW CONSTRUCTION. New construction means buildings for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such buildings.
ORDINARY HIGH WATER MARK. The point on the bank or shore up to which the presence and action of surface water is 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.
OWR. The Illinois Department of Natural Resources Office of Water Resources (IDNR/OWR), formerly acting as the Illinois Department of Transportation, Division of Water Resources.
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.
REGIONAL PERMITS. Regional permits are offered for pre-approved projects which are considered minor projects that are permissible per Ill. Adm. Code Part 3708 rules for Northeastern Illinois Designated Floodways. A complete listing of the terms and conditions for specific project types can be obtained from the IDNR/OWR website.
REGISTERED LAND SURVEYOR. A land surveyor registered in the State of Illinois, under the Illinois Land Surveyors Act.
REGISTERED PROFESSIONAL ENGINEER. An engineer registered in the State of Illinois, under The Illinois Professional Engineering Practice Act of 1989, 225 ILCS 325.
REPAIR, REMODELING OR MAINTENANCE. Those development activities that do not result in any increases in the outside dimensions of a building or any changes to the dimensions of a structure.
REPETITIVE LOSS. Flood-related damages sustained by a building on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25% of the market value of the building before the damaged occurred.
RIVERINE FLOODPLAIN. Any floodplain subject to flooding from a river, creek, intermittent stream, ditch, on-stream lake system or any other identified channel. This term does not include areas subject to flooding from lakes, ponding areas, areas of sheet flow, or other areas not subject to overbank flooding.
RIVERINE SFHA. Any SFHA subject to flooding from a river, creek, intermittent stream, ditch, on-stream lake system, or any other identified channel. This term does not include areas subject to flooding from lakes, ponding areas, areas of sheet flow, or other areas not subject to overbank flooding.
SFHA. The SPECIAL FLOOD HAZARD AREA, which is any base flood area subject to flooding from a river, creek, intermittent stream, ditch or any other identified channel or ponding, and shown on a FBFM or a FIRM as Zone A, AO, A1-30, AE, A99, AH, VO, V30, VE, V, M or E.
START OF CONSTRUCTION. Includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement or other improvement, was within 180 days of the permit date. The actual start means the first placement of permanent construction of a building on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation, including the placement of a manufactured home on a foundation. For a substantial improvement, actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building whether or not that alteration affects the external dimensions of the building.
STATEWIDE PERMITS. Statewide permits are offered for pre-approved projects that are considered minor projects which are permissible per the IDNR/OWR Part 3700 rules. A complete listing of the statewide permits and permit requirements can be obtained from the IDNR/OWR website.
STRUCTURE. The results of a human-made change to the land constructed on or below the ground, including without limitation 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 DAMAGE. Damage of any origin sustained by a building whereby cost to repair the building to its before damaged condition equals or exceeds 50% of the market value of the building before the damage occurred, regardless of actual repair work performed. The term includes flood related damages sustained by a building on two separate occasions in a ten-year period, in which the cost of the repairs, on average, equals or exceeds 25% of the market value of the building at the time of each such flood event.
SUBSTANTIAL IMPROVEMENT.
(1) Any repair, reconstruction or improvement of a structure, taking place during a ten-year period, the cumulative 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 code specifications that are necessary solely 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 regulatory floodway where water flows from a narrow cross-section to a wide cross-section or vice versa.
VILLAGE. The Village of Glencoe.
VILLAGE ENGINEER. A registered professional engineer under the employ or contract of the village. The village engineer is designated as the floodplain administrator for the village.
VIOLATION. The failure of a structure or other development to be fully compliant with this article XIV.
(Ord. No. 2021-16-3512; Ord. No. 2021-17-3513)