The floodplain administrator shall be responsible for the general administration and enforcement of this article XIV, which enforcement shall include the following:
(a) Determining the floodplain designation. Check all new development sites to determine whether they are in an SFHA. If the site is in a floodplain, determine whether the site in a coastal high hazard area, moderate wave action area, floodway, flood fringe or in a floodplain for which a detailed study has not been conducted.
(4) If the site is within a coastal high hazard area (or moderate wave action area), require that the minimum requirements of § 9-101 be met.
(b) Professional engineer review. If the development site is within a regulatory floodway or in a floodplain on which a detailed study has not been conducted which drains more than one square mile, then the permit shall be referred to the village engineer for review to ensure that the development meets the requirements of § 9-99
. In the case of an appropriate use, the village engineer shall state in writing that the development meets the requirements of § 9-99
;
(c) Permits for dams may be required from IDNR/OWR. The floodplain administrator shall contact IDNR/OWR to determine if a permit is required and for application details. Any work involving the construction, modification, or removal of a dam, per 17 Ill. Adm. Code Part 3702 (Rules for Construction of Dams), shall obtain an IDNR/OWR permit prior to the issuing a local permit.;
(d) Ensure any and all required federal, state, and local permits are received prior to the issuance of a floodplain development permit, including, but not limited to, permits pertaining to the Clean Water Act, Public Water Supply, Endangered Species Act, and Illinois Endangered Species Protection Act;
(e) Plan review and permit issuance. Ensure that all development activities within the SFHAs of the jurisdiction of the village meet the requirements of this article XIV and issue a floodplain development permit in accordance with the provisions of this article XIV and other regulations of the village when the development meets the conditions of this article XIV;
(f) Inspection review. Inspect all development projects before, during and after construction to ensure proper evaluation of the structure and to ensure compliance with the provisions of this article XIV;
(g) Elevation and flood proofing certificates. Maintain in the permit files an elevation certificate certifying the elevation of the lowest floor (including basement) of a residential or non-residential building or the elevation to which a non-residential building has been flood proofed, using a flood proofing certificate, for all buildings subject to § 9-101
. The floodplain administrator or his or her designee shall make elevation and flood proofing certificates available for public inspection and shall provide copies of same;
(h) Certification of structural design and methods of construction for VE zone construction as required by § 9-101;
(i) Certification of breakaway wall design, when applicable, as provided in § 9-101;
(j) Records for public inspection. Maintain for public inspection and furnish upon request base flood data, SFHA and regulatory floodway maps, copies of federal or state permit documents, variation documentation, conditional letters of map revisions, letters of map revisions, letters of a map amendment, and as built elevation and flood proofing or elevation and flood proofing certificates for all buildings constructed subject to this article XIV;
(k) State permits and delegation of authority. Ensure that construction authorization has been granted by OWR for all development projects subject to §§ 9-99
and 9-100
; provided, however, that upon approval of this article XIV by OWR and FEMA, and upon receipt of written notification from OWR that the responsibility for issuing permits for construction in regulatory floodways and floodplains where the regulatory floodways have not been identified has been delegated to the village pursuant to 17 Ill. Admin. Code § 3708, the village shall be authorized to issue construction permits for all development projects subject to §§ 9-99 and 9-100; provided further, however, that the following review approvals are not delegated to the village and shall require review or permits from OWR:
(1) Exempt organizations;
(2) Illinois Department of Transportation projects, dams or impoundment structures and all other federal, state or local unit of government projects, including projects of the village and Cook County, except for those projects meeting the requirements of § 9-99(n);
(3) 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 made pursuant to § 9-99(g)(5);
(4) An engineer’s analysis of the flood profile made pursuant to § 9-99(g)(4);
(6) Structures within or over publicly navigable rivers, lakes and streams;
(7) Any changes in the base flood elevation or regulatory floodway locations; and
(8) Base flood elevation determinations where none now exist.
(l) Floodway permits. For all development projects in a floodway, ensure that construction authorization has been granted by IDNR/OWR or a delegated community, or written documentation is provided stating that a permit is not required from IDNR/OWR, issued pursuant to 615 ILCS 5/5 et seq. Floodway permit requirements are specified in §§ 9-99
and 9-100 of this article XIV.
(m) Establish procedures for administering and documenting determinations, as outlined below, of substantial improvement and substantial damage made pursuant to § 9-101.
(1) Determine the market value or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building before the start of construction of the proposed work. In the case of repair, the market value of the building shall be the market value before the damage occurred and before any repairs are made.
(2) Compare the cost to perform the improvement, the cost to repair a damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building, including the cost of volunteer labor and donated materials must be included.
(3) Determine and document whether the proposed work constitutes substantial improvement or substantial damage.
(4) Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the village and this article IV is required.
(n) Cooperation with agencies. Cooperate with state and federal floodplain management agencies to improve base flood or 100-year frequency flood and regulatory floodway data and to improve the administration of this article XIV; submit data to OWR and FEMA for proposed revisions of a regulatory floodway map; submit reports as required for the National Flood Insurance Program; and notify FEMA of any proposed amendments to this article XIV.
(o) Notify IDNR/OWR and adjacent communities in writing 30 days prior to the issuance of a permit for the alteration or relocation of a watercourse.
(p) If a variance is to be granted, the floodplain administrator shall review the requirements of § 9-103 to make sure they are met. In addition, the floodplain administrator shall complete all notifications requirements, prepare a staff report and recommendations.
(q) Enforce the provisions of this article XIV, investigate violations, issue notices of violation or stop work orders, and require corrective action, as outlined in § 9-105.
(Ord. No. 2021-16-3512)