§ 152.07 PREVENTION OF INCREASED DAMAGES.
   (A)   No development in the SFHA shall create a damaging or potentially damaging increase in flood heights or velocity or threat to public health and safety.
   (B)   Within the floodway identified on the flood boundary floodway map, the following standards shall apply.
      (1)   Except as provided in division (B)(2) below, no development shall be allowed which, acting in combination with existing or future similar works, will cause any increase in the base flood elevation. The specific development activities identified in division (C)(2) shall be considered as meeting this requirement.
      (2)   No increase in the base flood elevation may be permitted unless:
         (a)   The total cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the base flood elevation more than 1 foot for the affected hydraulic reach of the stream and will not increase flood damages or potential flood damages;
         (b)   A permit has been issued by the State Department of Transportation, Division of Water Resources, as required in division (C)(1); and
         (c)   For all projects involving channel modifications or fill (including levees), the city shall submit sufficient data to the Federal Emergency Management Agency to revise the regulatory flood data.
   (C)   Within all other riverine SFHAs, the following standards shall apply.
      (1)   In addition to the other requirements of this chapter, a development permit for a site located in a floodway (or in a riverine SFHA where no floodway has been identified) shall not be issued unless the applicant first obtains a permit or written documentation that a permit is not required from the State Department of Transportation, Division of Water Resources, issued pursuant to ILCS Ch. 615, Act 5, §§ 5 et seq.
      (2)   The following activities may be constructed without the individual permit required in division (C)(1) in accordance with statewide permits issued by the State Department of Transportation, Division of Water Resources; provided that the activities do not involve the placement of fill, change of grade, or construction in the normal channel. Activities of this type must still meet the other requirements of this chapter:
         (a)   The construction of wells, septic tanks, and underground utility lines not crossing a lake or stream;
         (b)   The construction of light poles, sign posts, and similar structures;
         (c)   The construction of sidewalks, driveways, athletic fields (excluding fences), patios, and similar surfaces which are built at grade;
         (d)   The construction of properly anchored, unwalled, open structures, such as playground equipment, pavilions, and carports;
         (e)   The placement of properly anchored buildings not exceeding 70 square feet in size or 10 feet in any dimension (for example, animal shelters and toolsheds); and
         (f)   The construction of additions to existing buildings which do not increase the first floor area by more than 20%, which are located on the upstream or downstream side of the existing building, and which do not extend beyond the sides of the existing building that are parallel to the flow of flood waters.
      (3)   The total cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the base flood elevation more than 1 foot for the affected hydraulic reach of the stream and will not increase flood damages or potential flood damages.
   (D)   Public health standards in all SFHAs include the following.
      (1)   No development in the SFHA shall include locating or storing chemicals, explosives, buoyant materials, flammable liquids, pollutants, or other hazardous or toxic materials below the FPE unless those materials are stored in a storage tank or floodproofed building constructed according to the requirements of § 152.08 of this code.
      (2)   New and replacement sanitary sewer lines and on-site waste disposal systems may be permitted, provided that all manholes or other above-ground openings located below the FPE are watertight.
(1983 Code, § 8.5-6) (Ord. 2549, passed 11-9-1989) Penalty, see § 152.99