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A. The Enforcement Official shall be responsible for fulfilling all of the duties listed in Section 13-1-4 of this Article.
B. To fulfill those duties, the Enforcement Official first should use the criteria listed in Section 13-1-5 of this Article to determine whether the development site is located within a flood plain. Once it has been determined that a site is located within a flood plain, the Enforcement Official must determine whether the development site is within a flood fringe, a regulatory floodway, or within a SFHA or flood plain on which no floodway has been identified. If the site is within a flood fringe, the Enforcement Official shall require that the minimum requirements of Article II be met. If the site is within a floodway, the Enforcement Official shall require that the minimum requirements of Article III be met. If the site is located within a SFHA or flood plain for which no detailed study has been completed and approved, the Enforcement Official shall require that the minimum requirements of Article IV be met.
C. In addition, the general requirements of Article V shall be met for all developments meeting the requirements of Articles II, III, and IV. The Enforcement Official shall assure that all subdivision proposals shall meet the requirements of Article VI.
D. If a variance is to be granted for a proposal, the Enforcement Official shall review the requirements of Article VII to make sure they are met. In addition, the Enforcement Official shall complete all notification requirements.
E. In order to assure that property owners obtain permits as required in this Chapter, the Enforcement Official may take any and all actions as outlined in Article IX. (Ord. 91-20, 12-12-1991)
The Enforcement Official shall be responsible for the general administration and enforcement of this Chapter which shall include the following: (Ord. 91-20, 12-12-1991)
A. Determining The Flood Plain Designation: Check all new development sites to determine whether they are in a special flood hazard area (SFHA), whether they are in a floodway, flood fringe, or a flood plain which drains more than one square mile on which a detailed study has not been conducted. (Ord. 92-3, 6-18-1992)
B. Professional Engineer Review: If the development site is within a floodway or in a flood plain which drains more that one square mile on which a detailed study has not been conducted then the permit shall be referred to a registered professional engineer (P.E.) under the employ or contract of the Village for review to ensure that the development meets the requirements of Article III. In the case of an appropriate use, the P.E. shall state in writing that the development meets the requirements of Article III.
C. Dam Safety Requirements: Ensure that a DWR dam safety permit has been issued or a letter indicating no dam safety permit is required, if the proposed development activity includes construction of a "dam" as defined in Section 13-1-2. Regulated dams may include weirs, restrictive culverts or impoundment structures.
D. Other Permit Requirements: Ensure that any and all required Federal, State and local permits are received prior to the issuance of a flood plain development permit.
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 Chapter and issue a flood plain development permit in accordance with the provisions of this Chapter and other regulations of this community when the development meets the conditions of this Chapter.
F. Inspection Review: Inspect all development projects before, during and after construction to assure proper elevation of the structure and to ensure they comply with provisions of this Chapter.
G. Elevation And Floodproofing Certificates: Maintain in the permit files an elevation certificate certifying the elevation of the lowest floor (including basement) of a residential or nonresidential building has been floodproofed, using a floodproofing certificate, for all buildings subject to article V of this chapter for public inspection and provide copies of same.
H. 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, variance documentation, conditional letter of map revision, letter of map amendment and "as built" elevation and floodproofing or elevation and floodproofing certificates for all buildings constructed subject to this chapter.
I. State Permits: Ensure that construction authorization has been granted by the Illinois division of water resources, for all development projects subject to articles III and IV of this chapter, unless enforcement responsibility has been delegated to the village. Upon acceptance of this chapter by DWR and FEMA, responsibility is hereby delegated to the village as per 92 Illinois administrative code 708 for construction in the regulatory floodway and floodplain when floodways have not been defined in articles III and IV of this chapter. However, the following review approvals are not delegated to the village and shall require review or permits from DWR:
1. Organizations which are exempt from this chapter, as per the Illinois Compiled Statutes;
2. Department of transportation projects, "dams" or impoundment "structures" as defined in section 13-1-2 of this article and all other state, federal or local units of government projects, including projects of the village and county, except for those projects meeting the requirements of section 13-3-7 of this chapter;
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, per subsection 13-3-3D5 of this chapter;
4. An engineer's analysis of the flood profile due to subsection 13-3-3D4 of this chapter;
5. Alternative transition sections and hydraulically equivalent compensatory storage as indicated in subsections 13-3-3D1, D2 and D8 of this chapter;
6. Permit issuance of structures within or over publicly navigable rivers, lakes and streams;
7. Any changes in the base flood elevation or floodway locations; and
8. Base flood elevation determinations where none now exist.
J. Cooperation With Other Agencies: Cooperation with state and federal floodplain management agencies to improve base flood or 100-year frequency flood and floodway data and to improve the administration of this chapter. Submit data to DWR and the federal emergency management agency for proposed revisions of a regulatory map. Submit reports as required for the national flood insurance program. Notify the federal emergency management agency of any proposed amendments to this chapter.
K. Promulgate Regulations: Promulgate rules and regulations as necessary to administer and enforce the provisions of this chapter, subject however to the review and approval of DWR and FEMA for any chapter changes. (Ord. 91-20, 12-12-1991)
This chapter's protection standard is based on the countywide flood insurance study ("FIS") for Kane County, Illinois, and incorporated areas, prepared by the federal emergency management agency ("FEMA") and dated November 2, 1995, which FIS shall be and is superseded and is to be replaced by a new study effective June 2, 2015. The base flood or 100-year frequency flood elevations shall be governed by the November 2, 1995 FIS and FIRM until June 1, 2015, and thereafter by the new FIS and FIRM issued by FEMA and effective on June 2, 2015, and thereafter by any other revision(s) and/or amendment(s) to same.
If the base flood elevation or 100-year frequency flood elevation is not available for a particular site, then the protection standard shall be according to the best of existing data available in the "Illinois State Water Survey's Flood Plain Information Repository". When a party disagrees with the best available data, he/she may pay for the detailed engineering study needed to replace existing data with better data and submit it to DWR and FEMA.
A. The base flood or 100-year frequency flood elevation for the SFHAs of Hampshire Creek tributary shall be as delineated on the 100-year flood profiles in the countywide flood insurance rate map ("FIRM") including territory within the village, prepared by FEMA, and dated November 2, 1995, and shall be as delineated on the new FIRM issued by FEMA and effective June 2, 2015, from and after that date, and shall be as delineated in the future on such revision(s) and amendment(s) to said FIRM as may be approved from time to time.
B. The base flood or 100-year frequency flood elevation for the SFHAs of those parts of unincorporated Kane County that are within the extraterritorial jurisdiction of the village or that may be annexed into the village shall be as delineated on the 100-year flood profiles in the countywide FIS of Kane County, Illinois, and incorporated areas, prepared by FEMA and dated November 2, 1995, and shall be as delineated on the new FIS issued by FEMA and effective June 2, 2015, from and after that date, and shall be as thereafter delineated on such amendments or revisions to such FIS and/or FIRM as may be prepared from time to time.
C. The base flood or 100-year frequency flood elevation for such SFHA delineated as an "AH zone or AO zone" shall be that elevation (or depth) delineated on the countywide FIRM of Kane County, Illinois, and incorporated areas, prepared by FEMA and dated November 2, 1995, and delineated on the new FIRM issued by FEMA and effective June 2, 2015, from and after that date.
D. The base flood or 100-year frequency flood elevation for each of the remaining SFHAs delineated as an "A zone" on the countywide FIRM for Kane County, Illinois, and incorporated areas, prepared by FEMA, and dated November 2, 1995, and delineated on the new FIRM issued by FEMA and effective June 2, 2015, from and after that date, shall be according to the best existing data available in the "Illinois State Water Survey Flood Plain Information Repository". When no base flood or 100-year frequency flood elevation exists, the base flood or 100-year frequency flood elevation for a riverine SFHA shall be determined from a backwater model, such as HEC-II, WSP-2 or a dynamic model such as HIP. The flood flows used in the hydraulic model shall be obtained from a hydrologic model such as HEC-I, TR-20, or HIP, or by techniques presented in various publications prepared by the United States geological survey for estimating peak flood discharges. Flood flows should be based on anticipated future land use conditions in the watershed as determined from adopted local and regional land use plans. Along any watercourses draining more than one square mile, the above analyses shall be submitted to DWR for approval. Once approved it must be submitted to the "Illinois State Water Survey Flood Plain Information Repository" for filing. For a nonriverine SFHA, the base flood elevation shall be the historic flood of record plus three feet (3'), unless calculated by a detailed engineering study and approved by the Illinois state water survey. (Ord. 15-06, 2-5-2015)
A. 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.
B. No use will be permitted which adversely affects the capacity of drainage facilities or systems.
C. Developments located within the flood fringe shall meet the requirements of this Section, along with the requirements of Article V of this Chapter. (Ord. 91-20, 12-12-1991)
No person, firm, corporation, or governmental body not exempted by State law shall commence any development in the SFHA without first obtaining development permit from the Village.
A. 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 NGVD 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 Article V of this Chapter.
B. Upon receipt of a development permit application, the Village Engineer 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 site's first Flood Insurance Rate Map identification is not in the SFHA and, therefore, not subject to the requirements of this Chapter. The Village 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.
C. A soil erosion and sedimentation control plan for disturbed areas shall be submitted. 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.
D. The Village Engineer 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 and shall not issue a permit unless all other local, State and Federal permits have been obtained. (Ord. 91-20, 12-12-1991)
A. No development in the flood fringe shall create a threat to public health and safety.
B. 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. (Ord. 91-20, 12-12-1991)
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