(1) No development in the floodplain shall include locating or storing chemicals, explosives, buoyant materials, flammable liquids, pollutants, or other hazardous or toxic materials below the FPE unless such materials are stored in a floodproofed and anchored storage tank and certified by a professional engineer or floodproofed building constructed according to the requirements of § 94.07.
(2) Public utilities and facilities such as sewer, gas and electric shall be located and constructed to minimize or eliminate flood damage.
(3) Public sanitary sewer systems and water supply systems shall be located and constructed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters.
(4) New and replacement on-site sanitary sewer lines or waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding. Manholes or other above ground openings located below the FPE shall be watertight.
(5) (a) Critical facilities, which are buildings, constructed or substantially improved within the floodplain or the 0.2% annual chance flood elevation when defined, shall have the lowest floor (including basement) elevated or structurally dry floodproofed to the 0.2% annual chance flood elevation or three feet above the BFE, whichever is greater. Adequate parking shall be provided for staffing of the critical facilities at or above the BFE or 0.2% chance flood, when defined. Access routes to all critical facilities should be reviewed and considered when permitting. Access routes should be elevated to or above the level of the BFE.
(b) Floodproofing and sealing measures may also be used to provide protection, as described in § 94.07, and must be taken to ensure that toxic substances will not be displaced by or released into floodwaters.
(c) Critical facilities include emergency services facilities such as; fire and police stations, schools, hospitals, retirement homes and senior care facilities, sewage treatment plants and water treatment plants, specific roads and bridges required for evacuation, critical utility sites (telephone switching stations or electrical transformers), and hazardous material storage facilities (chemicals, petrochemicals, hazardous or toxic substances). All other activities defined as development shall be designed so as not to alter flood flows or increase potential flood damages.
(B) Dams are classified as to their size and their hazard/damage potential in the event of failure. Permits for dams may be required from IDNR/OWR. Contact IDNR/OWR to determine if a permit is required. If a permit is required, a permit application must be made to IDNR/OWR prior to the construction or major modification of jurisdictional dams.
(C) Letters of map revision.
(1) The Zoning Administrator shall require a CLOMR prior to issuance of a development permit for:
(a) Proposed floodway encroachments that will cause an increase in the BFE; and
(b) Proposed development which will increase the BFE by more than 0.1 feet in riverine area where FEMA has provided a BFE but no floodway.
(2) Once a CLOMR has been issued, the development permit may be issued for site grading and structures necessary in the area of the map change to achieve the final LOMR. Upon completion, the applicant shall submit as-built certifications, as required by FEMA, to achieve a final LOMR prior to the release of final development permits. Review § 94.09(E) for the construction of buildings in any floodplain issued a LOMR Based on fill.
(D) (1) The Zoning Administrator shall not issue such a permit unless the applicant has demonstrated that the building will be reasonably safe from flooding. When construction of a building following a LOMR Based on fill is requested, the condition where a site in the floodplain is removed due to the use of fill to elevate the site above the BFE, the applicant may apply for a permit from Madison County to construct the lowest floor of a building below the BFE in the floodplain. The Zoning Administrator shall require a professional certification from a qualified design professional that indicates the land or buildings are reasonably safe from flooding, according to the criteria established in FEMA TB 10. Professional certification may come from a professional engineer, professional geologist, professional soil scientist, or other design professional qualified to make such evaluations.
(2) The Zoning Administrator shall maintain records, available upon request by FEMA, all supporting analysis and documentation used to make that determination, including but not limited to, all correspondence, professional certification, existing and proposed grading, sump pump sizing, foundation plans, elevation certificates, soil testing and compaction data.
(Ord. 2022-04, passed 7-7-2022) Penalty, see § 94.99