12-1-5: DUTIES OF THE ENFORCEMENT OFFICIAL(S):
   A.   Duties Designated: The city shall be responsible for the general administration and enforcement of this chapter which shall include the following:
      1.   Determining The Floodplain Designation:
         a.   Check all new development sites to determine whether they are in a special flood hazard area (SFHA).
         b.   If they are in an 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.
         c.   Check whether the development is potentially within an extended SFHA (with a drainage area less than 1 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.
      2.   Professional Engineer Review:
         a.   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 registered professional engineer under the employ or contract of the city for review to ensure that the development meets section 12-1-7-2 or 12-1-7-3 of this chapter.
         b.   In the case of an appropriate use, the professional engineer shall state in writing that the development meets the requirements of section 12-1-7-2 of this chapter.
      3.   Dam Safety Requirements:
         a.   Ensure that an IDNR/OWR permit has been issued or a letter indicating no permit is required, if the proposed development activity includes construction of a "dam" as defined in section 12-1-4 of this chapter.
         b.   Regulated dams may include weirs, restrictive culverts or impoundment structures.
      4.   Other Permit Requirements: Ensure that any and all required federal, state and local permits are received prior to the issuance of a floodplain development permit.
      5.   Plan Review And Permit Issuance:
         a.   Ensure that all development activities within the SFHAs of the jurisdiction of the city meet the requirements of this chapter; and
         b.   Issue a floodplain development permit in accordance with the provisions of this chapter and other regulations of the city when the development meets the conditions of this chapter.
      6.   Inspection Review: 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.
      7.   Elevation And Floodproofing Certificates: Maintain permit files including:
         a.   An elevation certificate certifying the elevation of the lowest floor (including basement) of a residential or nonresidential building subject to section 12-1-8 of this chapter; and/or
         b.   The elevation to which a nonresidential building has been floodproofed, using a floodproofing certificate, for all buildings subject to section 12-1-8 of this chapter.
      8.   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 floodproofing and/or elevation certificates for all buildings constructed subject to this chapter.
      9.   State Permits: Ensure that construction authorization has been granted by IDNR/OWR, for all development projects subject to sections 12-1-7-2 and 12-1-7-3 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:
         a.   Organizations which are exempt from this chapter, as per the Illinois Compiled Statutes;
         b.   IDNR/OWR projects, dams or impoundment structures as defined in section 12-1-4 of this chapter and all other state, federal or local unit of government projects, including projects of the city and county, except for those projects meeting the requirements of subsection 12-1-7-2H of this chapter;
         c.   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 12-1-7-2D5 of this chapter;
         d.   An engineer's analysis of the flood profile due to subsection 12-1-7-2D4 of this chapter;
         e.   Alternative transition sections and hydraulically equivalent compensatory storage as indicated in subsections 12-1-7-2D1, D2 and D8 of this chapter;
         f.   Permit issuance of structures within, under, or over publicly navigable rivers, lakes and streams;
         g.   Any changes in the base flood elevation or floodway locations; and
         h.   Base flood elevation determinations where none now exist.
      10.   Cooperation With Other Agencies:
         a.   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;
         b.   Submit data to IDNR/OWR and FEMA for proposed revisions of a regulatory map within six (6) months whenever a modification of the floodplain may change the base flood elevation or result in a change to the floodplain map;
         c.   Submit reports as required for the national flood insurance program; and
         d.   Notify FEMA of any proposed amendments to this chapter.
      11.   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.
      12.   Damage Determinations: Make damage determinations of all damaged buildings in the SFHA after a flood to determine substantially damaged structures which must comply with subsection 12-1-8E1 of this chapter.
   B.   Methods For Fulfilling Duties: The city shall be responsible for fulfilling all of the duties listed in subsection A of this section.
      1.   To fulfill those duties, the city first should use the criteria listed in section 12-1-6, "Base Flood Elevation", of this chapter to determine whether the development site is located within a floodplain.
      2.   Once it has been determined that a site is located within a floodplain, the city must determine whether the development site is within a flood fringe, a designated floodway, or within an SFHA or floodplain for which no floodway has been identified.
         a.   If the site is within a flood fringe, the city shall require that the minimum requirements of section 12-1-7-1 of this chapter be met.
         b.   If the site is within a floodway, the city shall require that the minimum requirements of section 12-1-7-2 of this chapter be met.
         c.   If the site is located within an SFHA or floodplain for which no detailed study has been completed and approved, the city shall require that the minimum requirements of section 12-1-7-3 of this chapter be met.
      3.   In addition, the general requirements of section 12-1-8 of this chapter shall be met for all developments meeting the requirements of section 12-1-7-1, 12-1-7-2, or 12-1-7-3 of this chapter.
      4.   The city shall assure that all subdivision proposals shall meet the requirements of section 12-1-9 of this chapter.
      5.   If a variance is to be granted for a proposal, the city shall review the requirements of section 12-1-10 of this chapter to make sure they are met. In addition, the city shall complete all notification requirements.
      6.   In order to assure that property owners obtain permits as required in this chapter, the city may take any and all actions as outlined in section 12-1-12 of this chapter. (Ord. O-20-2008, 6-16-2008)