A. This Chapter is enacted pursuant to the police powers granted to this Village by Illinois Revised Statutes, chapter 24, sections, 1-2-1, 11-12-12, 11-30-8, and 11-31-2.
B. The purpose of this Chapter is to maintain this Village's eligibility in the National Flood Insurance Program; to minimize potential losses due to periodic flooding including loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare; and to preserve and enhance the quality of surface waters, conserve economic and natural values and provide for the wise utilization of water and related land resources.
C. This Chapter is adopted in order to accomplish the following specific purposes:
1. To meet the requirement of chapter 19, paragraph 65(g) of the Illinois Revised Statutes, An Act in Relation to the Regulation of the Rivers, Lakes and Streams in the State of Illinois, approved June 10, 1911, as amended;
2. To assure that new development does not increase the flood or drainage hazards to others, or create unstable conditions susceptible to erosion;
3. To protect new buildings and major improvements to buildings from flood damage;
4. To protect human life and health from the hazards of flooding;
5. To lessen the burden on the taxpayer for flood control projects, repairs to flood-damaged public facilities and utilities, and flood rescue and relief operations;
6. To make federally subsidized flood insurance available for property in the Village by fulfilling the requirements of the National Flood Insurance Program;
7. To comply with the rules and regulations of the National Flood Insurance Program codified as 44 CFR 59-79, as amended;
8. To protect, conserve, and promote the orderly development of land and water resources;
9. To preserve the natural hydrologic and hydraulic functions of watercourses and flood plains and to protect water quality and aquatic habitats; and
10. To preserve the natural characteristics of stream corridors in order to moderate flood and storm water impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development. (Ord. 91-20, 12-12-1991)
For the purpose of this Chapter, the following definitions are adopted:
ACT: An Act in Relation to the Regulation of the Rivers, Lakes and Streams in the State of Illinois, Illinois Revised Statutes 1987, chapter 19, paragraph 52 et seq.
APPLICANT: Any person, firm, corporation or agency which submits an application.
APPROPRIATE USE: Only uses of the regulatory floodway that are permissible will be considered for permit issuance. The only uses that will be allowed are as specified in Section 13-3-3 of this Chapter.
BASE FLOOD: The flood having a one percent (1%) 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 Section 13-1-5 of this Article.
BUILDING: A structure that is principally above ground and enclosed by walls and a roof. The term includes a gas or liquid storage tank, a manufactured home, mobile home or a prefabricated building. This term also includes recreational vehicles and travel trailers to be installed on a site for more than one hundred eighty (180) days, unless such are fully licensed and ready for highway use.
CHANNEL: Any river, stream, creek, brook, branch, natural or artificial depression, ponded area, flowage, slough, ditch, conduit, culvert, gully, ravine, wash, or natural or man-made 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 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 typically involving relocation of the existing channel (e.g., 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 flood water 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 Section, 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 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.
DWR: Illinois Department of Transportation, Division of Water Resources.
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 manmade change to real estate, including:
A. Construction, reconstruction, repair or placement of a building or any addition to a building.
B. 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 one hundred eighty (180) days. Any travel trailer or recreational vehicle on site for less than one hundred eighty (180) days must be fully licensed and ready for highway use.
C. Drilling, mining, installing utilities, construction of roads, bridges, or similar projects.
D. Demolition of a structure 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; channel modification; filling, dredging, grading, excavating, paving, or other nonagricultural alterations of the ground surface; storage of materials; deposit of solid or liquid waste.
G. Any other activity of man that might change the direction, height, or velocity of flood or surface water, including extensive vegetation removal.
H. Development does not include maintenance of existing buildings and facilities such as reroofing; resurfacing of roads when there is no increase in elevations; or gardening, plowing and similar agricultural practice that do not involve filling, or construction of levees.
ELEVATION CERTIFICATES: A form published by the Federal Emergency Management Agency that is used to certify the elevation to which a building has been elevated.
EROSION: The general process whereby soils are moved by flowing water or wave action.
EXEMPT ORGANIZATIONS: Organizations which are exempt from this Chapter per the Illinois Compiled Statutes including State, Federal or local units of government.
FEMA: Federal Emergency Management Agency and its regulations at 44 CFR 59-79 effective as of October 1, 1986. This incorporation does not include any later editions or amendments.
FLOOD: A general and temporary condition of partial or complete inundation of normally dry land areas from overflow of inland or tidal waves, or the unusual and rapid accumulation or runoff of surface waters from any source.
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 the flood plain outside of the regulatory floodway.
FLOOD INSURANCE RATE MAPS (FIRM): A map prepared by the Federal Emergency Management Agency that depicts the special flood hazard areas (SFHA) within a community. This map includes insurance rate zones and flood plains and may or may not depict floodways.
FLOOD PLAIN: 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 (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 of Hampshire, those parts of unincorporated Kane County that lie within the extraterritorial jurisdiction of the Village, and those parts of unincorporated Kane County that may be annexed into the Village, are generally identified as such on the Countywide Flood Insurance Rate Map of Kane County, Illinois and Incorporated Areas prepared by the Federal Emergency Management Agency and dated November 2, 1995.
FLOOD PROTECTION ELEVATION (FPE): The elevation of the base flood elevation or 100-year frequency flood plus one foot (1') of freeboard at any given location in the SFHA.
FLOODPROOFING: Any combination of structural and nonstructural additions, 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.
HISTORIC STRUCTURE: Any structure that is:
A. Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
C. Individually listed on the State inventory of historic places by the Illinois Historic Preservation Agency;
D. Individually listed on a local inventory of historic places that has been certified by the Illinois Historic Preservation Agency. (Rev. 11-89)
HYDROLOGIC AND HYDRAULIC CALCULATIONS: Engineering analyses which determine expected flood flows and flood elevations based on land characteristics and rainfall events.
LETTER OF MAP AMENDMENT (LOMA): Letter that revises base flood or 100-year flood zone; amends the effective Flood Hazard Boundary Map or FIRM.
LETTER OF MAP REVISION (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 designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a recreational vehicle.
MANUFACTURED HOME PARK OR SUBDIVISION: A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.
MITIGATION: Mitigation includes those measures necessary to minimize the negative effects which flood plain development activities might have on mitigation including 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 continental adjustment of all existing adjustments in 1929.
NATURAL: When used in reference to channels means those channels formed by the existing surface topography of the earth prior to changes made by man. 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 man through regrading and revegetation.
NEW MANUFACTURED HOME PARK OR SUBDIVISION: Manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after December 1, 1991.
ORDINARY HIGH WATER MARK (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.
PUBLIC NAVIGABLE WATERS: All streams and lakes capable of being navigated by watercraft.
RECREATIONAL VEHICLE OR TRAVEL TRAILER: A vehicle which is:
A. Built on a single chassis;
B. Four hundred (400) square feet or less when measured at the largest horizontal projection;
C. Designed to be self-propelled or permanently towable by a light duty truck; and
D. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel, or seasonal use.
REGISTERED LAND SURVEYOR: A land surveyor registered in the State of Illinois, under The Illinois Land Surveyors Act (225 Illinois Compiled Statutes 330/1 through 330/49).
REGISTERED PROFESSIONAL ENGINEER: An engineer registered in the State of Illinois, under the Illinois Professional Engineering Act (225 Illinois Compiled Statutes 325/1 through 325/49).
REGULATORY FLOODWAY: The channel, including on-stream lakes, and that portion of the flood plain adjacent to a stream of watercourse as designated by DWR, which is needed to store and convey the existing and anticipated future 100-year frequency flood discharge with no more than a one-tenths of one foot (0.1') increase in stage due to the loss of flood conveyance or storage, and no more than a ten percent (10%) increase in velocities. The regulatory floodway for Hampshire Creek Tributary within the Village of Hampshire, those parts of unincorporated Kane County that are in the extraterritorial jurisdiction of the Village, and those parts of unincorporated Kane County that may be annexed into the Village are designated on the Countywide Flood Insurance Rate Map of Kane County, Illinois and Incorporated Areas prepared by the Federal Emergency Management Agency and dated November 2, 1995. 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, this office 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 storm water runoff without a gravity release. A detention facility provides for storage of storm water runoff and controlled release of this runoff during and after a flood or storm.
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.
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 (SFHA): 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 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 one hundred eighty (180) days, unless it is fully licensed and ready for highway use.
SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either: 1) before the improvement or repair is started, or 2) if the structure has been damaged, and is being restored, before the damage occurred. This term includes structures which were damaged whereby the cost of restoring the structure to its predamaged condition would equal or exceed fifty percent (50%) of the market value before the damage occurred, regardless of the actual repair work performed. 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. 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 an "historic structure" provided that the alteration will not preclude continued designation as an "historic structure".
TRANSITION SECTION: Reaches of the stream or floodway where water flows from a narrow cross section to a wide cross section or vice versa. (Ord. 91-20, 12-12-1991; amd. Ord. 95-20, 10-19-1995)
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