Section
153.01 Purpose
153.02 Definitions
153.03 Duties of Building Commissioner or designee
153.04 Base flood elevation
153.05 Occupation and use of flood fringe areas
153.06 Occupation and use of designated floodways
153.07 Occupation and use of floodplain areas where floodways are not identified
153.08 Permitting requirements applicable to all floodplain areas
153.09 Subdivision requirements
153.10 Variances
153.11 Disclaimer of liability
153.12 Violations
153.13 Abrogation and greater restrictions
This chapter is enacted pursuant to the police powers granted to this village by Illinois Compiled Statutes including, but not necessarily limited to, ILCS Ch. 65, Act 5 §§ 1-2-1, 11-12-12, 11-30-2, 11-30-8, and 11-31-2. The purpose of this chapter is to maintain this village's eligibility in the National Flood Insurance Program; to minimize potential losses due to periodic flooding including loss of life, loss of 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; and to preserve and enhance the quality of surface waters, conserve economic and natural values and provide for the wise utilization of water and related land resources. This chapter is adopted in order to accomplish the following specific purposes:
(A) To meet the requirements of ILCS Ch. 615, Act 5 § 18g, "An Act in Relation to the Regulation of the Rivers, Lakes and Streams of the State of Illinois" approved June 10, 1911, as amended.
(B) To assure that new development does not increase the flood or drainage hazards to others or creating unstable conditions susceptible to erosion;
(C) To protect new buildings and major improvements to buildings from flood damage:
(D) To protect human life and health from the hazards of flooding;
(E) To lessen the burden on the taxpayer for flood control projects, repairs to flood- damaged public facilities and utilities, and flood rescue and relief operations;
(F) To make federally subsidized flood insurance available for property in the village by fulfilling the requirements of the National Flood Insurance Program;
(G) To comply with the rules and regulations of the National Flood Insurance Program codified as 44 CFR 59-79, as amended;
(H) To protect, conserve, and promote the orderly development of land and water resources; and
(I) To preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development.
(Ord. 2019-009, passed 10-30-19)
For the purposes of this chapter, the following definitions are adopted.
ACCESSORY STRUCTURE. A non-habitable building which is on the same parcel of property as the principal building to be insured and the use of which is incidental to the use of the principal building.
ACT. An act in relation to the regulation of the rivers, lakes and streams of the State of Illinois, ILCS Ch. 615, Act 5, §§ 5 et seq.
APPLICANT. Any person, firm, corporation or agency that applies for a floodplain.
APPROPRIATE USES. Only uses of the designated floodway that are permissible and will be considered for permit issuance. The only uses that will be allowed are as specified in § 153.06(B).
ASCE. American Society of Civil Engineers.
BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year. The base flood is often referred to as the 100-year flood.
BASE FLOOD ELEVATION (BFE). The height in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum, where specified) of the crest of the base flood. Application of the BFE at any location is as defined in § 153.04.
BASEMENT. Any area of the building, including any sunken room or sunken portion of a room, having its floor below ground level (subgrade) on all sides.
BUILDING. A walled and roofed building, including gas or liquid storage tank, that is principally above ground, including manufactured homes and prefabricated buildings. The term also includes recreational vehicles and travel trailers installed on a site for more than 180 consecutive days.
CHANNEL. Any river, stream, creek, brook, branch, natural or artificial depression, ponded area, flowage, slough, ditch, conduit, culvert, gully, ravine, wash, or natural or man-made drainageway, which has a definite bed and banks or shoreline, in or into which surface or groundwater flows, either perennially or intermittently.
CHANNEL MODIFICATION. Alteration of a channel by changing the physical dimensions or materials of its bed or banks. CHANNEL MODIFICATION includes damming, rip-rapping (or other armoring), widening, deepening, straightening, relocating, lining and significant removal of native vegetation from the bottom or banks. CHANNEL MODIFICATION does not include the clearing of dead or dying vegetation, debris, or trash from the channel. Channelization is a severe form of channel modification involving a significant change in the channel cross- section and typically involving relocation of the existing channel (e.g., straightening).
COMPENSATORY STORAGE. An artificially excavated, hydraulically equivalent volume of storage within the floodplain used to balance the loss of natural flood storage capacity when artificial fill or structures are placed within the floodplain. The uncompensated
loss of natural floodplain storage can increase off-site floodwater elevations and flows.
CONDITIONAL APPROVAL OF A DESIGNATED FLOODWAY MAP CHANGE. Preconstruction approval by IDNR/OWR and FEMA of a proposed change to the floodway map. This preconstruction approval, pursuant to 17 Ill. Adm. Code Part 3708, gives assurances to the property owner that once an appropriate use is constructed according to permitted plans, the floodway map can be changed, as previously agreed, upon review and acceptance of as-built plans.
CONDITIONAL LETTER OF MAP REVISION (CLOMR). A letter providing FEMA's comment on a proposed project that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing floodway, the effective BFEs, or the SFHA.
CRITICAL FACILITY. Any facility which is critical to the health and welfare of the population and, if flooded, would create an added dimension to the disaster. Damage to these critical facilities can impact the delivery of vital services, can cause greater damage to other sectors of the community, or can put special populations at risk.
DAM. All obstructions, wall embankments or barriers, together with their abutments and appurtenant works, if any, constructed for the purpose of storing or diverting water or creating a pool. Dams may also include weirs, restrictive culverts or impoundment structures. Underground water storage tanks are not included.
DELEGATED COMMUNITY. A community delegated state permitting authority for construction in the floodway under 17 Ill. Adm. Part 3708 by IDNR/ OWR.
DESIGNATED FLOODWAY. The channel, including on-stream lakes, and that portion of the floodplain adjacent to a stream or watercourse, generally depicted on the FEMA FIRM map, which is needed to store and convey the existing base flood discharge with no more than a 0.1 foot increase in stage due to the loss of flood conveyance or storage, and no more than a 10% increase in velocities.
(1) The floodways are designated for on the countywide FIRM of Cook County prepared by FEMA and are shown on panels 17031C0702K, 703K, 0704K dated November 1, 2019 and 17031C0701J dated August 19, 2008. When two floodway maps exist for a waterway, the more recent effective floodway limit shall prevail.
(2) The floodways for those parts of unincorporated Cook County that are within the extraterritorial jurisdiction of the village that may be annexed into the village are designated on the countywide FIRM of Cook County prepared by FEMA and are generally shown on panels 17031C0702K, 703K, 0704K dated November 1, 2019 and 17031C0682J, 0684J and 0701J dated August 19, 2008.
(3) To locate the designated floodway boundary on any site, the designated floodway boundary should be scaled off the FIRM map and located on a site plan, using reference marks common to both maps. Where interpretation is needed to determine the exact location of the designated floodway boundary, IDNR/OWR should be contacted for the interpretation.
DEVELOPMENT. Any man-made change to real estate, including:
(1) Construction, reconstruction, repair, or placement of a building or any addition to a building;
(2) Substantial improvement of an existing building;
(3) Installing a manufactured home on a site, preparing a site for a manufactured home, or installing a travel trailer or recreational vehicle on a site for more than 180 consecutive days. If a travel trailer or recreational vehicle is on site for more than 180 consecutive days, it must be fully licensed and ready for highway use;
(4) Installing utilities, construction of roads, bridges, or similar projects;
(5) Demolition of a building, redevelopment of a site, clearing of land as an adjunct of construction;
(6) Construction or erection of levees, walls, fences, dams, culverts, or channel modification;
(7) Filling, dredging, grading, excavating, paving, drilling, mining or other non-agricultural alterations of the ground surface;
(8) Storage of materials including the placement of gas and liquid storage tanks, and any other activity that might change the direction, height, or velocity of flood or surface waters;
(9) Any other activity of man that might change the direction, height, or velocity of flood or surface water, including extensive vegetation removal;
DEVELOPMENT does not include such activities as re-surfacing of pavement when there is no increase in elevation, or gardening, plowing, and similar agricultural practices that do not involve filling, grading, or construction of levees.
ELEVATION CERTIFICATES. A form published by FEMA that is used to certify the elevation to which a building has been elevated.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed or buildings to be constructed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the Village of Orland Hills initial floodplain management regulations.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
FEMA. Federal Emergency Management Agency and its regulations at 44 CFR 59-79, as amended.
FLOOD. A general and temporary condition of partial or complete inundation of normally dry land areas from overflow of inland or tidal waters, or from the unusual and rapid accumulation or runoff of surface waters from any source. FLOOD also includes the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters.
FLOOD FREQUENCY. A period of years, based on a statistical analysis, during which a flood of a stated magnitude may be expected to be equaled or exceeded.
FLOOD FRINGE. That portion of the floodplain outside of the designated floodway.
FLOOD INSURANCE RATE MAP (FIRM). A map prepared by FEMA that depicts the floodplain or special flood hazard area within a community. This map includes insurance rate zones and floodplains and may or may not depict floodways and show BFE.
FLOOD INSURANCE STUDY. An examination, evaluation and determination of flood hazards and if appropriate, corresponding water surface elevations.
FLOODPLAIN (OR SPECIAL FLOOD HAZARD AREA (SFHA). For purpose of this chapter, these two terms are synonymous. Means any land area susceptible to being inundated by water from any source. FLOODPLAIN also includes those areas of known flooding as identified by the community.
THE FLOODPLAINS. Those lands within the jurisdiction of the village that are subject to inundation by the base flood. The floodplains of the Village of Orland Hills are generally identified on panels 17031C0702K, 703K, 0704K dated November 1, 2019 and 17031C0701J dated August 19, 2008. of the countywide FIRMs for Cook County as prepared by the FEMA.
(1) The floodplains of those parts of unincorporated Cook County that are within the extraterritorial jurisdiction of the Village of Orland Hills or that may be annexed into the Village of Orland Hills and that are subject to inundation by the base flood. The floodplains are generally identified as such on are generally shown on panels 17031C0702K, 703K, 0704K dated November 1, 2019 and 170 1C0682J, 0684J and 0701J dated August 19, 2008 of the countywide FIRMs for Cook County by the FEMA.
FLOODPROOFING. Any combination of structural and non-structural additions, changes or adjustments to buildings that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, buildings and their contents.
FLOODPROOFING CERTIFICATE. A form published by FEMA that is used to certify that a building has been designed and constructed to be structurally dry floodproofed to the flood protection elevation.
FLOOD PROTECTION ELEVATION (FPE). The elevation of the base flood plus one foot of freeboard at any given location in the floodplain.
FLOODWAY. See DESIGNATED FLOODWAY.
FREEBOARD. An increment of elevation added to the BFE to provide a factor of safety for uncertainties in calculations, future watershed development, unknown localized conditions, wave actions and unpredictable effects such as those caused by ice or debris jams.
HISTORIC STRUCTURE. Any building that is:
(1) Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historic district or a district preliminarily determined by the Secretary of the Interior to qualify as a registered historic district;
(3) Individually listed on the state inventory of historic places by the Illinois Historic Preservation Agency;
(4) Individually listed on a local inventory of historic places that has been certified by the Illinois Historic Preservation Agency.
IDNR/OWR. Illinois Department of Natural Resources, Office of Water Resources.
LETTER OF MAP AMENDMENT (LOMA). Official determination by FEMA that a specific building, area of land or a parcel of land, where there has not been any alteration of the topography since the date of the first NFIP map showing the property within the floodplain, was inadvertently included within the floodplain and that the building, area of land or a parcel of land is removed from the floodplain.
LETTER OF MAP REVISION (LOMR). Letter that revises BFEs, floodplains or floodways as shown on an effective FIRM.
LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement.) An unfinished or flood resistant enclosure usable solely for parking of vehicles, building access or storage, in an area other than a basement area is not considered a building’s lowest floor; provided that such enclosure is not built so as to render the building in violation of the applicable non-elevation design requirements of this chapter.
MANUFACTURED HOME. A building, transportable in one or more sections, which is built on a permanent chassis and is designated for use with or without a permanent foundation when attached to the required utilities. The term MANUFACTURED HOME does not include a recreational vehicle.
MANUFACTURED HOME PARK OR SUBDIVISION. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
NEW CONSTRUCTION. Buildings for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such buildings.
NEW MANUFACTURED HOME PARK OR SUBDIVISION. Manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the Village of Orland Hills initial floodplain management regulations.
NAVD 88. North American Vertical Datum of 1988. NAVD 88 supersedes the National Geodetic Vertical Datum of 1929 (NGVD).
PUBLIC BODY OF WATER. All open public streams and lakes capable of being navigated by watercraft, in whole or in part, for commercial uses and purposes, and all lakes, rivers, and streams which in their natural condition were capable of being improved and made navigable, or that are connected with or discharge their waters into navigable lakes or rivers within, or upon the borders of the State of Illinois, together with all bayous, sloughs, backwaters, and submerged lands that are open to the main channel or body of water directly accessible thereto, as identified in 17 Ill. Adm. Code Part 3704.
RECREATIONAL VEHICLE or TRAVEL TRAILER. A vehicle which is:
(1) Built on a single chassis;
(2) Four hundred square feet or less when measured at the largest horizontal projection, to include expandable room sections regardless of height;
(3) Designed to be self-propelled or permanently towable by a light duty truck; and
(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
REGIONAL PERMITS. Regional permits are offered for pre-approved projects which are considered minor projects that are permissible per IDNR/OWR Part 3708 rules for Northeastern Illinois Designated Floodways. A complete listing of the terms and conditions for specific project types can be obtained from the IDNR/OWR website.
REGISTERED LAND SURVEYOR. A land surveyor registered in the State of Illinois, under The Illinois Land Surveyors Act. (ILCS Ch. 225, Act 330, § 1 et seq.)
REGISTERED OR LICENSED PROFESSIONAL ENGINEER (P.E.). An engineer registered in the State of Illinois, under The Illinois Professional Engineering Practice Act. (ILCS Ch. 225, Act 325, § 1 et seq.)
REPETITIVE LOSS. Flood-related damages sustained by a building on two separate occasions during a 10-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25% of the market value of the building before the damage occurred.
RETENTION/DETENTION FACILITY. A retention facility stores stormwater runoff without a gravity release. A detention facility provides for storage of stormwater runoff and controlled release of this runoff during and after a flood or storm.
RIVERINE FLOODPLAIN. Any floodplain or SFHA subject to flooding from a river, creek, intermittent stream, ditch, on-stream lake system or any other identified channel. This term does not include areas subject to flooding from lakes, ponding areas, areas of sheet flow, or other areas not subject to overbank flooding.
SPECIAL FLOOD HAZARD AREA (SFHA). See FLOODPLAIN.
START OF CONSTRUCTION. Includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement or other improvement, was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a building on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation or the placement
of a manufactured home on a foundation. For a substantial improvement, actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building whether or not that alteration affects the external dimensions of the building.
STATEWIDE PERMITS. Statewide permits are offered for pre-approved projects that are considered minor projects which are permissible per the IDNR/OWR Part 3700 rules. A complete listing of the statewide permits and permit requirements can be obtained from the IDNR/OWR website.
STRUCTURE. The results of a man-made change to the land constructed on or below the ground, including a building, as defined in this section, any addition to a building; installing utilities, construction of roads or similar projects; construction or erection of levees, walls, fences, bridges or culverts; drilling, mining, filling, dredging, grading, excavating; and the storage of materials.
SUBSTANTIAL DAMAGE. Damage of any origin sustained by a building whereby the cumulative percentage of damage during a 10-year period since August 13, 1990 equals or exceeds 50% of the market value of the building before the damage occurred regardless of actual repair work performed. Volunteer labor and materials must be included in this determination. The term includes repetitive loss buildings. (See REPETITIVE LOSS.) .
SUBSTANTIAL IMPROVEMENT. Any reconstruction, rehabilitation, addition, or improvement of a building taking place during a 10-year period since August 13, 1990 in which the cumulative percentage of improvements equals or exceeds 50% of the market value of the building before the start of construction of the improvement or repair is started or increases the floor area by more than 20%)
(1) SUBSTANTIAL IMPROVEMENT is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. This term includes buildings which have incurred repetitive loss or substantial damage, regardless of the actual work done.
(2) The term does not, however, include either:
(a) Any project for improvement of a building to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or
(b) Any alteration of a historic structure listed on the National Register of Historic Places or the Illinois Register of Historic Places, provided that the alteration will not preclude the building's continued designation as a historic structure.
TRANSITION SECTION. Reaches of the stream or floodway where water flows from a narrow cross- section to a wide cross-section or vice versa.
(Ord. 2019-009, passed 10-30-19)
(A) Determining the floodplain designation.
(1) Check all new development sites to determine whether they are in a floodplain using criteria listed in § 153.04, Base Flood Elevation.
(2) If the site is in a floodplain, determine whether the site is 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.
(a) If the site is within a flood fringe, the Building Commissioner or designee shall require that the minimum requirements of § 153.05 be met.
(b) If the site is within a floodway, the Building Commissioner or designee shall require that the minimum requirements of § 153.06 be met.
(3) If the site is located within a floodplain for which no detailed study has been completed and approved, the Building Commissioner or designee shall require that the minimum requirements of § 153.07 be met.
(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 P.E. under the employ or contract of the village for review to ensure that the development meets §§ 153.06 or 153.07.
(2) In the case of an appropriate use, the P.E. shall state in writing that the development meets the requirements of § 153.06.
(C) Dam safety requirements. 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.
(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, including, but not limited to, permits pertaining to the Clean Water Act, Public Water Supply, Endangered Species Act, Illinois Endangered and Species Protection Act.
(E) Plan review and permit issuance.
(1) Ensure that all development activities, including new construction and substantial improvements, within the floodplains of the jurisdiction of the village meet the requirements of this chapter.
(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 building and to ensure compliance with the provisions of this chapter.
(2) Schedule on an annual basis an inspection of the floodplain and document the results of the inspection.
(G) Substantial damage and substantial improvement determinations. Establish procedures for administering and documenting determinations, as outlined below, of substantial improvement and substantial damage made pursuant to § 153.08.
(1) Determine the market value or require the applicant to obtain an appraisal of the market value, prepared by a qualified independent appraiser, of the building before the start of construction of the proposed work. In the case of repair, the market value of the building shall be the market value before the damage occurred and before any repairs are made.
(2) Compare the cost to perform the improvement, the cost to repair a damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building.
(3) Determine and document whether the proposed work constitutes substantial improvement or substantial damage.
(4) Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the village and this chapter is required.
(H) Elevation and floodproofing 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 § 153.08; and/or
(2) The elevation to which a non-residential building has been floodproofed, using a floodproofing certificate, for all buildings subject to § 153.08.
(I) Records for public inspection. Maintain for public inspection and furnish upon request all permit records, including but not limited to base flood data, floodplain and designated floodway maps, copies of federal or state permit documents, variance documentation, soil compaction records, Conditional Letter of Map Revision, Letter of Map Revision, Letter of Map Amendment, as-built elevation, Floodproofing Certificates and Elevation Certificates for all buildings constructed subject to this chapter.
(J) Floodway permits. For all development projects in a floodway, ensure that construction authorization has been granted by IDNR/OWR or a delegated community, or written documentation is provided stating that a permit is not required from IDNR/OWR, issued pursuant to ILCS Ch. 615, Act 5, § 5 et seq. Floodway permit requirements are specified in §§ 153.06 and 153.07.
(K) Cooperation with other agencies.
(1) Cooperate with state and federal floodplain management agencies to improve base 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 BFE or result in a change to the floodplain map;
(3) Submit reports as required for the NFIP; 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 ordinance changes.
(M) Variances. If a variance is to be granted, the Building Commissioner or designee shall review the requirements of § 153.10 to make sure they are met. In addition, the Building Commissioner or designee shall complete all notifications requirements.
(N) Enforcement. In order to assure that property owners obtain permits as required in this chapter, the Building Commissioner or designee may take any and all actions as outlined in § 153.12.
(Ord. 2019-009, passed 10-30-19)
This chapter's protection standard is based on the FIS for Cook County. If a BFE 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. When a party disagrees with the best available data, they 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.
(A) The BFE for the floodplains of the village shall be as delineated on the base flood profiles in the FIS of Cook County prepared by FEMA dated November 1, 2019 and such amendments to such study and maps as may be prepared from time to time.
(B) The BFE for the floodplains of those parts of unincorporated Cook County that are within the extraterritorial jurisdiction of the village or that may be annexed into the village shall be as delineated on the base flood profiles in the FIS of Cook County prepared by FEMA and dated November 1, 2019, and such amendments or revisions to such study and maps as may be prepared from time to time.
(C) The BFE for each floodplain delineated as an AH Zone or AO Zone shall be that elevation (or depth) delineated on the countywide FIRM of Cook County generally identified on panels 17031C0702K, 703K, 0704K dated November 1, 2019 and 17031C0701J dated August 19, 2008, and such amendments or revisions to such study and maps as may be prepared from time to time.
(D) The BFE for each of the remaining floodplains delineated as an A Zone on the countywide FIRM of Cook County and generally identified on panels 17031C0702K, 703K, 0704K dated November 1, 2019 and 17031C0701J dated August 19, 2008, 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 BFEs.
(1) When no BFE exists, the BFE for a riverine floodplain shall be determined from an accepted hydraulic model, based on current industry standards.
(2) The flood flows used in the hydraulic models shall be obtained from an accepted hydrologic model, based on current industry standards, or by techniques presented in various publications prepared by the United States Geological Survey for estimating peak flood discharges.
(Ord. 2019-009, passed 10-30-19)
Development in and/or filling of the flood fringe will be permitted if protection is provided against the base flood by proper elevation, compliance with compensatory storage requirements, and other applicable provisions of this chapter. No use will be permitted that adversely affects the capacity of drainage facilities or systems. Developments located within the flood fringe shall meet the requirements of this section, along with the requirements of § 153.08.
(A) Development permit.
(1) No person, firm, corporation, or governmental body shall commence any development in the floodplain without first obtaining a development permit from the Building Commissioner or designee.
(2) Application for a development permit shall be made on a form provided by the Building Commissioner or designee.
(a) The application shall be accompanied by drawings of the site, drawn to scale, showing property line dimensions and legal description for the property and sealed by a registered P.E, licensed architect or registered land surveyor; existing grade elevations, using the NAVD 88, and all proposed changes in grade resulting from excavation or filling; the location and dimensions of all existing and proposed buildings and additions to buildings.
(b) For all proposed buildings, the elevation of the lowest floor (including basement) and lowest adjacent grade shall be shown on the submitted plans and the development will be subject to the requirements of § 153.08.
(3) Upon receipt of a development permit application, the Building Commissioner or designee shall compare the elevation of the site to the BFE.
(a) Any development located on land that can be shown to be higher than the BFE of the current FIRM and which has not been filled after the date of the site's first floodplain designation on a FIRM, is not in the floodplain and, therefore, not subject to the requirements of this chapter.
(b) Any development located on land shown to be below the BFE that is hydraulically connected to the floodplain, but not shown on the current FIRM, is subject to the provisions of this chapter.
(c) The Building Commissioner or designee shall maintain documentation of the existing ground elevation at the development site and certification that this ground elevation existed prior to the date of the site's first FIRM identification in the floodplain.
(4) The Building Commissioner or designee shall be responsible for obtaining from the applicant copies of all other federal, state, and local permits, approvals or waivers that may be required for this type of activity, as specified in § 153.03(D). The Building Commissioner or designee shall not issue a permit unless all other federal, state, and local permits have been obtained.
(5) A development permit or approval shall become invalid unless the actual start of construction, as defined in § 153.02, for work authorized by such permit, is commenced within 180 days after its issuance, or if the work authorized is suspended or abandoned for a period of 180 days after the work commences. All permitted work shall be completed within the local permit expiration period after the date of issuance of the permit or the permit shall expire. Time extensions, of not more than 180 days each, may be granted, in writing, by the Building Commissioner or designee. Time extensions shall be granted only if the original permit is compliant with this chapter and the FIRM and FIS in effect at the time the extension is granted.
(B) Preventing increased damages.
(1) No development in the flood fringe shall create a threat to public health and safety.
(2) If fill is being used to elevate the site above the BFE, the applicant shall submit sufficient data and obtain a LOMR from FEMA for the purpose of removing the site from the floodplain.
(3) Compensatory storage.
(a) Whenever any portion of a floodplain is authorized for use, the volume of space which will be occupied by the authorized fill or structure below the BFE shall be compensated for and balanced by a hydraulically equivalent volume of excavation taken from below the BFE.
(b) The excavation volume shall be at least equal to 1.5 times the volume of storage lost due to the fill or structure.
(c) In the case of streams and watercourses, such excavation shall be made opposite or adjacent to the areas so filled or occupied.
(d) All floodplain storage lost below the existing 10% annual chance flood elevation shall be replaced below the proposed 10% annual chance flood elevation. All floodplain storage lost above the existing 10% annual chance flood elevation shall be replaced above the proposed 10% annual chance flood elevation.
(e) All such excavations shall be constructed to drain freely and openly to the watercourse.
(C) Construction of a building under a LOMR based on fill. A person who has obtained a LOMR based on fill, which removes a site in the floodplain due to the use of fill to elevate the site above the BFE, may apply for a permit from the village to construct the lowest floor of a building below the BFE in the floodplain. The Building Commissioner or designee shall not issue such a permit unless the applicant has demonstrated that the building will be reasonably safe from flooding. The Building Commissioner or designee shall require a professional certification from a qualified design professional that indicates the land or buildings to be removed from the SFHA are reasonably safe from flooding, according to the criteria established in FEMA Technical Bulletin (TB) 10. Professional certification may come from a professional engineer, professional geologist, professional soil scientist, or other design professional qualified to make such evaluations. The Building Commissioner or designee shall maintain records, including but not limited to all correspondence, professional certification, existing and proposed grading, sump pump sizing, foundation plans, elevation certificates, compensatory storage calculations, soil testing and compaction data.
(Ord. 2019-009, passed 10-30-19)
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