(A) Periodic inundation. The flood hazard areas of the county are subject to periodic inundation which may result in loss of life and 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.
(B) General provisions.
(1) Existing zone districts. All flood plains in the county are now designated as A Zone zoning districts and it is assumed those district designations will remain unless changed by a zoning amendment. The regulations of this A Zone District apply in addition to existing zoning districts, and to future rezoning concerning any district located in a flood plain. This district is an overlay district and imposes additional requirements to developments proposed in a flood plain.
(2) Most restrictive. The conditions and restrictions of the A Zone District shall apply to any special or permitted use by an existing zoning district.
(4) Flood hazard boundary maps. The flood hazard boundary map no. H-01-47 dated January 31, 1975, and amendments thereto, delineating A Zones as areas that are susceptible to the regulatory flood as prepared by the Federal Emergency Management Agency (FEMA) adopted for the purpose of this zoning code and filed as record in the office of the County Clerk.
(5) Permit required. No person, firm or corporation shall commence any construction, substantial improvement, subdivision of land, placement of a manufacturing home or other developments in areas located in an A Zone without first obtaining a permit from the Zoning Administrator. The Administrator shall not issue a permit for any construction, substantial improvement or other development that does not comply with the provisions of this Zoning Code or that has been denied a permit required by federal or state law including § 404 of the Federal Water Pollution Control Act of 1972, 33 U.S.C. § 1334.
(6) Applications.
(a) Within areas designated as A Zones each application for development shall be accompanied by elevations, in relation to mean sea level, of the lowest habitable floor, including basement, and in the case of flood-proofed structures, the elevation to which it will be flood proofed.
(b) The Administrator shall require certification from a registered professional engineer or architect that flood proofing methods are adequate to withstand the flood depths pressures, velocities, impact, and uplift forces, and other factors associated with the regulatory flood.
(c) The application shall also contain information or certification as reasonably may be required by the Administrator in order to determine eligibility for permits or to enforce the terms of this sub-chapter.
(7) Base flood elevation. This code's protection standard is the base flood according to the best data available to the State Water Survey's Flood Plain Information Repository. Whenever a party disagrees with the best available data, he or she may finance the detailed engineering study needed to replace existing data with better data, and submit it to the state water survey.
(a) The base flood elevation for SFHA's shall be as delineated on the 100-year flood profiles in the Flood Insurance Study and dated October 15, 1981.
(b) The base flood elevation for each SFHA delineated as an AH Zone/AO Zone shall be that elevation/depth delineated on the flood insurance rate map of the county.
(c) The base flood elevation for each of the remaining SFHA's delineated as an A Zone on the Flood Hazard Boundary Map/Flood Insurance Rate Map shall be the 100-year flood depth calculated to the formulas presented in Depth and Frequency of Floods in Illinois, published by the U. S. Geological Survey, 1976.
(8) Watercourse standards. The Zoning Administrator shall notify adjacent communities and the Illinois Department of Transportation, Division of Water Resources and the Federal Insurance Administration before any alteration or relocation of a watercourse. The flood carrying capacity within the altered or relocated portion of any watercourse shall be maintained.
(9) Reports and record.
(a) The Zoning Administrator shall provide the County Board, the Illinois Department of Natural Resources, Division of Water Resources and the Federal Insurance Administration with an annual report on forms as provided the county with Federal Insurance Administration.
(b) The Zoning Administrator shall maintain the records of the first floor elevations, flood proofing certificates, all variance documents required by § 1910.6 (a) (5) and (6) of the Rules and Regulations of the National Flood Insurance Program permit applications, and all other records required the Federal Insurance Administration.
(C) New construction and substantial improvement standards.
(1) All new construction and substantial improvements to structures located in an A Zone shall.
(a) Be designed or modified and adequately anchored to prevent flotation, collapse or lateral movement of the structure;
(b) Be constructed with materials and utility equipment resistant to flood damage;
(c) Be constructed by methods and practices that minimize flood damage to other properties;
(d) Have all structural components below the regulatory flood elevation designed to be water tight with walls substantially impermeable to the passage of water and such structural components shall be designed to resist hydrostatic and hydrodynamic loads, and the effect of buoyancy.
(2) (a) The first floor or basement of any structure including residences, to be erected, constructed, reconstructed, altered or moved within an A Zone District shall be constructed on fill with the finished surface of these floors at or above a point two feet above the regulatory flood elevation or flood profile shown on or attached to the flood plain district map for the particular area. The fill shall be at or above a point one foot above the regulatory flood elevation for the particular area and the fill shall extend at such elevation of at least 15 feet beyond the limits of any structure or building erected thereon. However, no use shall be constructed which will adversely affect the capacity of channels or flood ways of any tributary to the main stream, drainage ditch or any other drainage facility or system.
(b) Where existing streets or utilities are at elevations which make compliance with division (C)(2)(a) herein, impracticable or in other special circumstances, the Board of Appeals may recommend other flood proofing or building elevation measures in accordance with § 93.180(A)(5) in lieu of fill, provided the first floor of the building is at or above a point two feet above the regulatory flood level for the particular area. No permit under this section shall be issued where the ground adjoining a building or structure designed for human habitation is more than two feet below the regulatory flood elevation or subject to flood velocities greater than four feet per second for the regulatory flood.
(3) Commercial structures within an A Zone District generally must be constructed on fill with no first floor or basement floors point two feet above the regulatory flood elevation. Accessory and uses, such as railroad tracks and yards, parking lots may be lower elevations. However, a permit for such facilities to be used by the general public shall not be granted, in the absence of a flood warning system, if the area is inundated to a depth greater than two feet or subject to flood velocities greater than four feet per second upon the occurrence of the regulatory flood.
(4) Manufacturing and industrial buildings, structures, and appurtenant works within an A Zone District shall be flood-proofed in accordance with § 93.180(A)(5) to two feet above the regulatory flood elevations. Measures shall be taken to minimize interference with normal plant operations especially for streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may be lower elevations subject to requirements set out in § 93.179(B).
(5) (a) No development in the SFHA shall create a damaging or potentially damaging increase in flood heights or velocity.
1. For development proposals located in an identified flood way or within a riverine SFHA where the floodway has not yet been identified, the following rule shall apply: The Building Official shall review the development plans to discern if:
a. A new obstruction to floodflows would be created.
b. The project will involve a channel crossing such as a bridge or pipeline.
c. The project will modify the shape of the channel.
2. If any of these three situations will result from the project, the applicant shall be required to obtain a permit from the State Department of Natural Resources, Division of Water Resources, issued pursuant to Ill. Rev. Stat., Ch. 19, § 70. The building official shall not issue a development permit unless the applicant has obtained either a § 70 permit or a waiver of a permit required from the Division of Water Resources.
3. For development proposals located in a flood fringe, AO Zone or AH Zone, identified as such on a SFHA map or in a lake-front flood plain, ponding area, area of sheet flow or other SFHA not subject to over bank flooding from an identified channel, the requirement of this division (C)(5)(a) shall not apply.
(b) 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 such materials are stored in a storage tank or floodproofed building constructed according to the requirements of division (G)(3) of this section.
(c) New and replacement sanitary sewer lines and on-site waste disposal systems may be permitted; providing all manholes or other aboveground openings located below the FPE are watertight.
(6) No mobile home may be placed on a new site located within an identified floodway.
(D) Mobile home standards.
(1) All mobile home parks and mobile home subdivisions located in an A Zone District shall file evacuation plans indicating vehicular access and escape routes, including mobile home hauler routes, with the appropriate disaster preparedness authorities.
(2) All homes to be placed on a site located in an A Zone District shall:
(a) Have the lowest floor elevated two feet above the regulatory flood elevation;
(b) In the instance of elevation on piling, have all piling foundations placed in stable soil no more than ten feet apart, and reinforcement shall be provided for piers more than six feet above ground;
(c) Have lots of large enough permit steps to the mobile home, and have adequate surface drainage on all sides of the structure;
(d) Be placed to prevent flotation, collapse or lateral movement of the structure due to flooding;
(e) Be anchored according to the following specifications:
1. Over-the-top ties shall be provided at each of the four corners of the mobile home with two additional ties per side at intermediate locations and mobile homes less than 50 feet long shall require one additional tie per side;
2. Frame ties shall be provided at each corner of the mobile home with five additional ties per side at intermediate points and mobile homes less than 50 feet long shall require four additional ties per side;
3. All components of the anchoring system shall be capable of carrying 4,800 pounds; and
4. Any additions to the mobile home shall be similarly anchored.
(f) On holding a public hearing by the Zoning Board of Appeals, and on the final action by the County Board of Madison County, a person who is granted a special use permit for the placement of a mobile home within a flood hazard area shall be required to sign the following agreement for removal prior to making application for the building permit for the mobile home this agreement shall be binding and will apply only to the mobile homes in flood hazard areas. Stipulations will be added to the recommendation of the Zoning Board of Appeals to cover this removal and all requirements that need to be met.
AGREEMENT
WE, THE UNDERSIGNED, being the Owner of Record of the property in question and/or the authorized agent of the owner of record, hereby agree to remove the mobile home, on the property as described on the attached legal description, when duly notified by the Director of the Madison County Emergency Service and Disaster Agency, of an impending disaster. Once notified the manufactured home must be removed within seventy-two (72) hours by the owner of record of the property in question and/or his or her authorized agent. The mobile home will be moved to the following
location: , and the owner of the mobile home hereby certifies that the owner of the property in question has given his or her permission.
Failure on the part of the owner of record of the property in question and/or his or her authorized agent, to comply with this directive will result in the Madison County Building and Zoning Department having the mobile home physically removed from the property by any means available to them. This shall be done under the directive of the Administrator and/or the Land Use Committee of the County Board.
The property owner will be responsible for all expenses incurred in this removal of the mobile home to a location to be selected by the Land Use Committee of the County Board. The location is as follows:
Upon the issuance of an ALL CLEAR ORDER by the Madison County Director of the Emergency Services and Disaster Agency that it is safe to return, these expenses will have to be paid, prior to the mobile home being released and/or authorized agents part to comply will result in a fine of up to $200 being levied plus any costs incurred by the County.
Madison County will be hold free from any damages incurred in this removal of the mobile home, under the above noted conditions.
DATED:
SIGNED BEFORE ME THIS DAY OF , YEAR OF .
NOTARY PUBLIC
(E) Utility standards.
(1) Public utility facilities, railroad tracks, and bridges within an A Zone District shall be designed to minimize increase in flood elevations and shall be compatible with any local comprehensive flood plain development plan. Protection to the regulatory flood elevation shall be provided where failure or interruption of these public facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Where failure or interruption of service would not endanger life or health, a lesser degree of protection may be provided for minor auxiliary roads, railroads or utilities.
(2) All new construction and substantial improvements to utilities located in an A Zone shall provide that:
(a) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems. New construction of, or additions and modifications to existing treatment plants shall be flood proofed in accordance with § 93.180(A)(5) to a point two feet above the regulatory flood;
(b) All new and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into the floodwaters. Water or sewer systems shall be installed at such elevation as to be compatible with the first flood and basement floor elevations required in division (C)(2)(a) herein;
(c) There shall be no disposal of garbage or solid waste materials within flood plain areas except upon issuance of a special use permit at sites approved by the Illinois Environmental Protection Agency and subject to the requirements of this section. All new and replacement on site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
(F) Storage or processing of materials. Storage or processing of materials within an A Zone District that are buoyant, flammable, explosive or in times of flooding could be injurious to human, animal or plant life, shall be at or above a point two feet above the regulatory flood elevation for the particular area or flood proofed to the same level in compliance with § 93.180.
(G) Subdivision and other development standards. All subdivision and other development located in an A Zone District shall provide that:
(1) All subdivision and other developments proposals shall be designed to minimize flood damage to the proposed subdivision or development site as well as other properties;
(2) All public utilities and facilities such as sewer, gas, electrical, and water systems shall be located elevated and constructed to minimize or eliminate flood damage;
(3) Adequate drainage shall be provided so as to reduce exposure to flood hazards;
(4) For any proposed subdivision or new development greater than 50 lots or five acres, whichever is the lesser, the applicant shall show the regulatory flood elevation data for each lot or platted parcel. If the regulatory flood elevation data is not available the applicant shall compute and provide this information for each lot or parcel platted greater than 50 lots or five acres, whichever is less.
(H) Flood control works. Flood control works within an A Zone District shall require a special use permit and shall comply with state law.
(1) The minimum height and design of any dikes, levees, floodwalls or similar structural works shall be based upon the flood profile of the regional flood confined between the structures subject to the following:
(a) For urban areas the minimum height and design of structural works shall be at least three feet above the elevation of the regulatory flood, as confined by structures;
(b) Modifications and additions to existing structural works shall assure that the work will provide a means of decreasing the flood damage potential in the area. Any existing structural work, which potentially threatens public health or safety, shall be modified or reconstructed in order to meet the standards contained herein within a period of six months of the effective date of this zoning code.
(2) Flood protection elevations and flood ways limits which reflect proposed measures for flood control shall not be effective until such measures are constructed and operative unless the proposed measures will increase flood heights, in which event, the regulatory flood protection elevations and flood plain limits shall reflect the anticipated increases.
(3) Detailed plans shall be submitted to the Land Use Committee for any mew developments placed on the flood plain landward from dikes, floodwalls, and similar structures. The plans must provide for ponding areas or other measures to protect against flooding from internal drainage or from seep water.
(I) Disclaimer of liability. The degree of flood protection required by the zoning code is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or the flood heights may be increased by artificial or natural causes. This zoning code does not imply that development either inside or outside of areas designated as an A Zone District will be free from flooding or damage. This zoning code does not create liability on the part of the county or any officer or employee thereof for any flood damage that results from reliance on the zoning code or any administrative decision made lawfully there under.
(Ord. 2014-18, passed 4-16-2014; Am. Ord. 2020- 02, passed 1-16-2020)