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The following are duties of the Director of Building and Housing:
(A) Determining the floodplain designation.
(1) Check all new development sites to determine whether they are in a special flood hazard area (SFHA);
(2) If they are in a SFHA, determine whether they are in a floodway, flood fringe or in a floodplain for which a detailed study has not been conducted and which drains more than one square mile; and
(3) Check whether the development is potentially within an extended SFHA (with a drainage area less than one square mile), indicating that the development would have adverse impacts regarding storage, conveyance or inundation which would be the basis for the applicant being required to delineate the floodplain and floodway and be subject to the remaining sections of this chapter.
(B) Professional engineer review.
(1) If the development site is within a floodway or in a floodplain for which a detailed study has not been conducted and which drains more than one square mile, the permit shall be referred to a licensed professional engineer under the employ or contract of the city for review to ensure that the development meets §§ 157.21 and 157.22 of this chapter.
(2) In the case of an appropriate use, the PE shall state in writing that the development meets the requirements of § 157.21 of this chapter.
(C) Dam safety requirements.
(1) Dams are classified as to their size and their hazard/damage potential in the event of failure.
(2) The construction or major modification of all Class I (high hazard) and Class II (moderate hazard) dams require an IDNR/OWR dam safety permit.
(3) Some Class III (low hazard) dams require an IDNR/OWR dam safety permit, depending on the drainage area to the dam, the height of the dam and the impounding capacity behind the dam. Most off-channel detention basins that have an embankment are non-jurisdictional Class III dam. It is not required that BDNR/OWR “sign off’ on all non-jurisdictional Class III dams.
(4) A consulting engineer with dam safety knowledge can estimate a hazard classification and determine if an IDNR/OWR dam safety permit is required.
(5) A permit application submittal must be made to IDNR/OWR for the construction or major modification of jurisdictional dams.
(6) Regulated dams may include weirs, restrictive culverts or impoundment structures.
(D) Other permit requirements. Ensure any and all required federal, state and local permits are received prior to the issuance of a floodplain development permit;
(E) Plan review and permit issuance.
(1) Ensure that all development activities within the SFHAs of the jurisdiction of the city meet the requirements of this chapter; and
(2) Issue a floodplain 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.
(1) Inspect all development projects before, during and after construction to assure proper elevation of the structure and to ensure compliance with the provisions of this chapter; and
(2) Schedule on an annual basis an inspection of the floodplain and document the results of the inspection.
(G) Damage determinations. Make damage determinations of all damaged buildings in the SFHA after a flood to determine substantially damaged structures which must comply with § 157.23(C) of this chapter;
(H) Elevation and flood-proofing certificates. Maintain permit files including:
(1) An elevation certificate certifying the elevation of the lowest floor (including basement) of a residential or non-residential building subject to § 157.23 of this chapter; and/or
(2) The elevation to which a non-residential building has been flood-proofed, using a flood-proofing certificate, for all buildings subject to § 157.23 of this chapter.
(I) Records for public inspection. Maintain for public inspection and furnish upon request base flood data, SFHA and designated floodway maps, copies of federal or state permit documents, variance documentation, Conditional Letter of Map Revision, Letter of Map Revision, Letter of Map Amendment and “as-built” elevation and flood-proofing and/or elevation certificates for all buildings constructed subject to this chapter;
(J) State permits. Ensure that construction authorization has been granted by IDNR/OWR, for all development projects subject to §§ 157.21 and 157.22 of this chapter, unless enforcement responsibility has been delegated to the city. However, the following review approvals are not delegated to the city and shall require review or permits from IDNR/OWR:
(1) Organizations which are exempt from this chapter, as per the Illinois Compiled Statutes;
(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 § 157.21(D)(5) of this chapter;
(4) An engineer’s analysis of the flood profile due to § 157.21(C)(3)(d) of this chapter;
(6) Permit issuance of structures within, under or over publicly navigable rivers, lakes and streams; and
(7) Any changes in the mapped floodway or published flood profiles.
(K) Cooperation with other agencies.
(1) Cooperate 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;
(2) Submit data to IDNR/OWR and FEMA for proposed revisions of a regulatory map within six months whenever a modification of the floodplain may change the base flood elevation or result in a change to (i.e., floodplain map);
(3) Submit reports as required for the National Flood insurance Program; and
(4) Notify FEMA of any proposed amendments to this chapter.
(L) 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 IDNR/OWR and FEMA for any chapter changes.
(Ord. 08-O-1929, passed 8-6-2008)
(A) This chapter’s protection standard is based on the Flood Insurance Study for the city.
(1) If a 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 existing data available from federal, state or other sources.
(2) When a party disagrees with the best available data, it shall submit a detailed engineering study needed to replace existing data with better data and submit it to IDNR/OWR and FEMA for review and consideration prior to any development of the site.
(3) The base flood or 100-year frequency flood elevation for the SFHAs of Park Creek, I-57 Drainage ditch, Bel Aire Creek, Dixie Creek and Calumet Union Drainage Ditch, South Branch, shall be as delineated on the 100-year flood profiles in the Flood Insurance Study of the Cook County prepared by FEMA dated 8-19-2008 and such amendments to such study and maps as may be prepared from time to time.
(B) The base flood or 100-year frequency flood elevation for the SFHAs of those parts of unincorporated Cook County that are within the extraterritorial jurisdiction of the city or that may be annexed into the city shall be as delineated on the 100-year flood profiles in the Flood Insurance Study of Cook County prepared by FEMA and dated 8-19-2008, and such amendments or revisions to such study and maps as may be prepared from time to time.
(C) The base flood or 100-year frequency flood elevation for each SFHA delineated as an “AH Zone” or “AO Zone” shall be that elevation (or depth) delineated on the countywide Flood Insurance Rate Map of Cook County.
(D) The base flood or 100-year frequency flood elevation for each of the remaining SFHAs delineated as an “A Zone” on the countywide Flood Insurance Rate Map of the county shall be according to the best existing data available from federal, state or other sources. Should no other data exist, an engineering study must be financed by the applicant to determine base flood elevations.
(1) 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, HEC-RAS or a dynamic model such as HIP.
(2) The flood flows used in the hydraulic models shall be obtained from a hydrologic model, such as HEC-HMS, HEC-l, TR-20 or HIP, or by techniques presented in various publications prepared by the United States Geological Survey for estimating peak flood discharges.
(3) For a non-riverine SFHA, the base flood elevation shall be the historic flood of record, plus three feet, unless calculated by a detailed engineering study.
(4) For an unmapped extended SFHA (with a drainage area less than one square mile) which has been identified by the Director of Building and Housing pursuant to § 157.04(C) of this chapter, the base flood elevation shall be determined by the applicant utilizing a method as approved in this division (D).
(Ord. 08-O-1929, passed 8-6-2008)
(A) No variances shall be granted to any development located in a designated floodway, as defined in § 157.02 of this chapter.
(1) Whenever the standards of this chapter place undue hardship on a specific development proposal, the applicant may apply to the Planning and Zoning Board of Appeals of the city for a variance.
(2) The Planning and Zoning Board of Appeals of the city shall review the applicant’s request for a variance and shall submit its recommendation to the City Council, which may attach such conditions to granting of a variance as it deems necessary to further the flood protection intent of this chapter.
(B) No variance shall be granted unless the applicant demonstrates that all of the following conditions are met:
(1) The development activity cannot be located outside the SFHA;
(2) An exceptional hardship would result if the variance were not granted;
(3) The relief requested is the minimum necessary;
(4) There will be no additional threat to public health, safety, beneficial stream uses and functions, especially aquatic habitat, or creation of a nuisance;
(5) There will be no additional public expense for flood protection, lost environmental stream uses and functions, rescue or relief operations, policing or repairs to streambeds and banks, roads, utilities or other public facilities;
(7) The activity is not in a designated floodway;
(8) The applicant’s circumstances are unique and do not establish a pattern inconsistent with the intent of the NFIP;
(9) The granting of the variance will not alter the essential character of the area involved including existing stream uses; and
(10) All other required state and federal permits or waivers have been obtained.
(C) The city shall notify an applicant in writing that a variance from the requirements of § 157.23 of this chapter that would lessen the degree of protection to a building will:
(1) Result in increased premium rates for flood insurance up to amounts as high as $25 per $ 100 of insurance coverage;
(2) Increase the risks to life and property; and
(3) Require that the applicant proceed with knowledge of these risks and that the applicant will acknowledge in writing the assumption of the risk and liability.
(D) Variances requested in connection with restoration of a historic site or historic structure, as defined in § 157.02 of this chapter, may be granted using criteria more permissive than the requirements of divisions (B) and (C) above, subject to the conditions that:
(1) The repair or rehabilitation is the minimum necessary to preserve the historic character and design of the structure; and
(2) The repair or rehabilitation will not result in the structure being removed as a certified historic structure.
(Ord. 08-O-1929, passed 8-6-2008)
(A) The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of study.
(B) Larger floods may occur or flood heights may be increased by human-made or natural causes.
(C) This chapter does not imply that development, either inside or outside of the SFHA, will be free from flooding or damage.
(D) This chapter does not create liability on the part of the city or any officer or employee thereof for any flood damage that results from reliance on this chapter or any administrative decision made lawfully thereunder.
(Ord. 08-O-1929, passed 8-6-2008)
(A) This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions.
(B) Where this chapter and other ordinance, easements, covenants or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(C) This chapter is intended to repeal the original ordinance or resolution which was adopted to meet the National Flood Insurance Program regulations, but is not intended to repeal the resolution which the city passed in order to establish initial eligibility for the program.
(Ord. 08-O-1929, passed 8-6-2008)
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