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§ 153.01 PURPOSE.
   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)
§ 153.02 DEFINITIONS.
   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)
§ 153.03 DUTIES OF THE BUILDING COMMISSIONER OR DESIGNEE.
   (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.
      (3)   Ensure that all development activities happen in a timely manner and any permit time extensions are issued per the requirements of § 153.05(A), 153.06(A), and 153.07(A).
   (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)
§ 153.04 BASE FLOOD ELEVATION.
   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)
§ 153.05 OCCUPATION AND USE OF FLOOD FRINGE AREAS.
   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)
§ 153.06 OCCUPATION AND USE OF DESIGNATED FLOODWAYS.
   This section applies to proposed development, redevelopment, site modification or building modification within a designated floodway. The designated floodway shall be as delineated on the countywide FIRM of Cook County as defined in § 153.02. Permits will only be issued for appropriate uses of the designated floodway of which periodic inundation will not pose a danger to the general health and welfare of the user or require the expenditure of public funds or the provisions of public resources or disaster relief services or result in increased flood stages due to the singular or cumulative loss of regulatory floodway storage or regulatory floodway conveyance or increase in flood velocities. All floodway modifications shall be the minimum necessary to accomplish the purpose of the project. The development shall also meet the requirements of § 153.08. No permit from IDNR/OWR shall be required if the project meets Regional Permit No. 3.
   (A)   Development permit.
      (1)   No person, firm, corporation or governmental body shall commence any development in a floodway without first obtaining a development permit except as noted in § 153.06(B)(7).
      (2)   Applications for a development permit for work in a floodway shall be made by submitting a completed application on the form furnished. The application for a development permit for work in a floodway shall, as a minimum, include the following information:
         (a)   Name and address of applicant;
         (b)   Legal description of the property;
         (c)   Site location map of the property, drawn to scale on the FIRM, indicating whether it is proposed to be in an incorporated or unincorporated area;
         (d)   Names of all streams and bodies of water affected description of proposed activity;
         (e)   Statement of purpose of proposed activity;
         (f)   Anticipated dates of initiation and completion of activity;
         (g)   Name and mailing address of the owner of the subject property if different from the applicant;
         (h)   Signature of the applicant or the applicant's agent;
         (i)   If the applicant is a corporation, the president or other authorized officer shall sign the application form;
         (j)   If the applicant is a partnership, each partner shall sign the application form;
         (k)   If the applicant is a land trust, the trust officer shall sign the name of the trustee by him or her as trust officer. A disclosure affidavit shall be filed with the application, identifying each beneficiary of the trust by name and address and defining the respective interests therein.
         (l)   Plans of the proposed activity shall be provided, which include, as a minimum:
            1.   A vicinity map showing the site of the activity, name of the waterway, boundary lines, names of roads in the vicinity of the site, graphic or numerical scale, and north arrow;
             2.   A plan view of the project and engineering study reach showing existing and proposed conditions including principal dimensions of the building or work, elevations (NAVD 88), adjacent property lines and ownership, drainage and flood control easements, location of any channels and any existing or future access roads, distance between proposed activity and navigation channel (when the proposed construction is near a commercially navigable body of water), designated floodway limit, floodplain limit, specifications and dimensions of any proposed channel modifications, location and orientation of cross-sections, north arrow, and a graphic or numerical scale;
            3.    Cross-section views of the project and engineering study reach showing existing and proposed conditions including principal dimensions of the work, as shown in plan view, existing and proposed elevations, normal water elevation, 10% annual chance flood elevation, BFE, and graphic or numerical scales (horizontal and vertical);
            4.   A seeding or stabilization plan for the disturbed areas.
            5.   A copy of the FIRM marked to reflect any proposed change in the designated floodway location.
         (m)   Any and all other federal, state, and local permits or approval letters that may be required for this type of development.
         (n)   Engineering calculations and supporting data shall be submitted showing that the proposed work will meet the permit criteria of § 153.06(B).
         (o)   If the designated floodway delineation or BFE will change due to the proposed project, the application will not be considered complete until IDNR/OWR has indicated conditional approval of the designated floodway map change. No buildings may be built until a LOMR has been approved by FEMA.
         (p)   The application for a building shall be accompanied by drawings of the site, drawn to scale showing property line dimensions and existing ground elevations and all changes in grade resulting from any proposed excavation or filling, and floodplain and floodway limits; sealed by a registered P.E. licensed architect or registered land surveyor; the location and dimensions of all buildings and additions to buildings; and the elevation of the lowest floor (including basement) of all proposed buildings subject to the requirements of § 153.08.
      (3)   A development permit or approval shall become invalid unless the start of construction, 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.
      (4)   The Building Commissioner or designee shall be responsible for obtaining from the applicant copies of all other federal , state, and local permits and approvals that may be required for this type of activity.
         (a)   The Building Commissioner or designee shall not issue the development permit unless all required federal and state permits have been obtained.
         (b)   A licensed P.E., under the employ or contract of the village, shall review and approve applications reviewed under this section for substantial compliance.
   (B)   Preventing increased damages and a list of appropriate uses.
      (1)   The only development in a floodway allowed are appropriate uses that will not cause a rise in the BFE and will not create a damaging or potentially damaging increase in flood heights or velocity, be a threat to public health and safety and welfare, impair the natural hydrologic and hydraulic functions of the floodway or channel, or permanently impair existing water quality or aquatic habitat. Construction impacts shall be minimized by appropriate mitigation methods as called for in this chapter. Only those appropriate uses listed in 17 Ill. Adm. Code Part 3708 will be allowed. The approved appropriate uses are as follows:
         (a)   Flood control structures, dikes, dams and other public works or private improvements relating to the control of drainage, flooding, erosion, or water quality or habitat for fish and wildlife.
         (b)   Structures or facilities relating to the use of, or requiring access to, the water or shoreline, such as pumping and treatment facilities, and facilities and improvements related to recreational boating, commercial shipping and other functionally water dependent uses;
         (c)   Storm and sanitary sewer relief outfalls;
         (d)   Underground and overhead utilities;
         (e)   Recreational facilities such as playing fields and trail systems, including any related fencing (at least 50% open when viewed from any one direction) built parallel to the direction of flood flows, and including open air pavilions and toilet facilities (four stall maximum) that will not block flood flows nor reduce floodway storage.
         (f)   Detached garages, storage sheds, or other non-habitable accessory structures that will not block flood flows nor reduce floodway storage;
         (g)   Bridges, culverts, roadways, sidewalks, railways, runways and taxiways and any modification thereto;
         (h)   Parking lots built at or below existing grade where either:
            1.   The depth of flooding during the base flood will not exceed 1.0 foot; or
             2.   The applicant of a short-term recreational use facility parking lot formally agrees to restrict access during overbank flooding events and accepts liability for all damage caused by vehicular access during all overbank flooding events.
         (i)   Aircraft parking aprons built at or below ground elevation where the depth of flooding during the base flood will not exceed 1.0 foot;
         (j)   Designated floodway regrading, without fill, to create a positive non-erosive slop toward a watercourse.
         (k)   Floodproofing activities to protect previously existing lawful buildings including the construction of watertight window wells, elevating buildings, or construction of floodwalls around residential, commercial or industrial principal buildings where the outside toe of the floodwall shall be no more than ten feet away from the exterior wall of the existing building, and which are not considered substantial improvements to the building.
         (l)   The replacement, reconstruction, or repair of a damaged building, provided that the outside dimensions are not increased, and if the building was damaged to 50% or more of the market value before the damage occurred, the building will be protected from flooding to the FPE.
         (m)   Modifications to an existing building that would not increase the enclosed floor area of the building below the BFE, and which will not block flood flows including but not limited to, fireplaces, bay windows, decks, patios, and second story additions. If the building is improved to 50% or more of the market value before the modification occurred (i.e., a substantial improvement), the building will be protected from flooding to the FPE.
      (2)   Appropriate uses do not include the construction or placement of any new buildings, fill, building additions, buildings on stilts, excavation or channel modifications done to accommodate otherwise non-appropriate uses in the floodway, fencing (including landscaping or planting designed to act as a fence) and storage of materials except as specifically defined above as an appropriate use.
      (3)   Within the designated floodway, the construction of an appropriate use will be considered permissible provided that the proposed project meets the following engineering and mitigation criteria and is so stated in writing with supporting plans, calculations and data by a registered P.E. and provided that any building meets the protection requirements of § 153.09:
         (a)   Preservation of flood conveyance, so as not to increase flood stages upstream. For appropriate uses other than bridge or culvert crossings, on-stream structures or dams, all effective designated floodway conveyance lost due to the project will be replaced for all flood events up to and including the base flood. In calculating effective designated floodway conveyance, the following factors shall be taken into consideration:
            1.    Designated Floodway conveyance, "K" = (1.486/n)(AR2/3) where "n" is Manning's roughness factor, "A" is the effective flow area of the cross-section, and "R" is the ratio of the area to the wetted perimeter. (See Ven Te Chow, Open Channel Hydraulics, (McGraw-Hill, New York 1959)).
            2.   The same Manning's "n" value shall be used for both existing and proposed conditions unless a recorded maintenance agreement with a federal, state, or local unit of government can assure the proposed conditions will be maintained or the land cover is changing from a vegetative to a non-vegetative land cover.
            3.    Transition sections shall be provided and used in calculations of effective designated floodway conveyance. The following expansion and contraction ratios shall be used unless an applicant's engineer can prove to IDNR/OWR through engineering calculations or model tests that more abrupt transitions may be used with the same efficiency:
               a.    When water is flowing from a narrow section to a wider section, the water should be assumed to expand no faster than at a rate of one foot horizontal for every four feet of the flooded stream's length.
               b.    When water is flowing from a wide section to a narrow section, the water should be assumed to contract no faster than at a rate of one foot horizontal for every one foot of the flooded stream's length.
               c.    When expanding or contracting flows in a vertical direction, a minimum of one-foot vertical transition for every ten feet of stream length shall be used.
               d.    Transition sections shall be provided between cross-sections with rapid expansions and contractions and when meeting the designated floodway delineation on adjacent properties.
               e.   All cross-sections used in the calculations shall be located perpendicular to flood
flows.
         (b)   Preservation of floodway storage so as not to increase downstream flooding.
            1.    Compensatory storage shall be provided for any designated floodway storage lost due to the proposed work from the volume of fill or structures placed and the impact of any related flood control projects.
            2.    Compensatory storage for fill or structures shall be equal to 1.5 times the volume of floodplain storage lost.
            3.    Artificially created storage lost due to a reduction in head loss behind a bridge shall not be required to be replaced.
 
            4.   The compensatory designated floodway storage shall be placed between the proposed normal water elevation and the proposed BFE. All designated floodway storage lost below the existing 10% annual chance flood elevation shall be replaced below the proposed 10% annual chance flood elevation. All designated floodway storage lost above the existing 10% annual chance flood elevation shall be replaced above the proposed 10% annual chance flood elevation. All such excavations shall be constructed to drain freely and openly to the watercourse.
            5.   If the compensatory storage will not be placed at the location of the proposed construction, the applicant's engineer shall demonstrate through a determination of flood discharges and water surface elevations that the compensatory storage is hydraulically equivalent.
            6.   There shall be no reduction in floodway surface area, as a result of a floodway modification, unless such modification is necessary to reduce flooding at an existing structure.
         (c)   Preservation of floodway velocities so as not to increase stream erosion or flood heights.
            1.   For all appropriate uses, except bridges or culverts or on-stream structures, the proposed work will not result in an increase in the average channel or designated floodway velocities or stage for all flood events up to and including the base flood event.
            2.   In the case of bridges or culverts or on-stream structures built for the purpose of backing up water in the stream during normal or flood flows, velocities may be increased at the structure site if scour, erosion and sedimentation will be avoided by the use of rip-rap or other design measures.
         (d)   Construction of new bridges or culvert crossings and roadway approaches.
            1.   The proposed structure shall not result in an increase of upstream flood stages greater than 0.1 foot when compared to the existing conditions for all flood events up to and including the base flood event; or the upstream flood stage increases will be contained within the channel banks (or within existing vertical extensions of the channel banks) such as within the design protection grade of existing levees or floodwalls or within recorded flood easements.
            2.   If the proposed construction will increase upstream flood stages greater than 0.1 feet, the developer must contact IDNR/OWR to obtain a permit for a dam or waiver.
               a.   The engineering analysis of upstream flood stages must be calculated using the flood study flows, and corresponding flood elevations for tailwater conditions for the flood study specified in § 153.06. Bridges and culverts must be analyzed using any commonly accepted FEMA approved hydraulic models .
               b.    Lost floodway storage must be compensated for per § 153.07(B)(3)(b).
               c.    Velocity increases, must be mitigated per § 153.07(B)(3)(c).
               d.   If the crossing is proposed over a public body of water that is used for recreational or commercial navigation, an IDNR/OWR permit must be received.
               e.   The hydraulic analysis for the backwater caused by the bridge showing the existing condition and proposed regulatory profile must be submitted to IDNR/OWR for concurrence that a CLOMR is not required by § 153.06(B).
                f.   All excavations for the construction of the crossing shall be designed per § 153.06.
         (e)    Reconstruction or modification of existing bridges, culverts, and approach roads.
            1.   The bridge or culvert and roadway approach reconstruction or modification shall be constructed with no more than 0.1-foot increase in backwater over the existing flood profile for all flood frequencies up to and including the base flood event, if the existing structure is not a source of flood damage.
            2.   If the existing bridge or culvert and roadway approach is a source of flood damage to structures in the upstream floodplain, the applicant's engineer shall evaluate the feasibility of redesigning the existing bridge or culvert and roadway approach to reduce the existing backwater, taking into consideration the effects on flood stages on upstream and downstream properties.
            3.   The determination as to whether or not the existing crossing is a source of flood damage and should be redesigned must be prepared in accordance with 17 Ill. Adm. Code Part 3708 (Floodway Construction in Northeastern Illinois) and submitted to IDNR/OWR for review and concurrence before a permit is issued.
         (f)   On-stream structures built for the purpose of backing up water.
            1.   Any increase in upstream flood stages greater than 0.0 foot when compared to the existing conditions, for all flood events up to and including the base flood event shall be contained within the channel banks (or within existing vertical extensions of the channel banks) such as within the design protection grade of existing levees or floodwalls or within recorded flood easements.
            2.   A permit or letter indicating a permit is not required must be obtained from IDNR/OWR for any structure built for the purpose of backing up water in the stream during normal or flood flow.
            3.   All dams and impoundment structures, as defined in § 153.02, shall meet the permitting requirements of 17 Ill. Adm. Code Part 3702 (Construction and Maintenance of Dams). If the proposed activity involves a modification of the channel or floodway to accommodate an impoundment, it shall be demonstrated that:
               a.   The impoundment is determined to be in the public interest by providing flood control, public recreation, or regional stormwater detention;
               b.   The impoundment will not prevent the migration of indigenous fish species, which require access to upstream areas as part of their life cycle, such as for spawning;
               c.   The impoundment will not cause or contribute to degraded water quality or habitat conditions. Impoundment design should include gradual bank slopes, appropriate bank stabilization measures and a pre-sedimentation basin.
               d.   A non-point source control plan has been implemented in the upstream watershed to control the effects of sediment runoff as well as minimize the input of nutrients, oil and grease, metals, and other pollutants. If there is more than one municipality in the upstream watershed, the municipality in which the impoundment is constructed should coordinate with upstream municipalities to ensure comprehensive watershed control;
               e.   The project otherwise complies with the requirements of § 153.06.
         (g)   Excavation in the floodway.
            1.   When excavation is proposed in the design of bridges and culvert openings, including the modifications to and replacement of existing bridge and culvert structures, or to compensate for lost conveyance or other appropriate uses, transition sections shall be provided for the excavation.
            2.   The following expansion and contraction ratios shall be used unless an applicant's engineer can prove to IDNR/OWR through engineering calculations or model tests that more abrupt transitions may be used with the same efficiency:
               a.    When water is flowing from a narrow section to a wider section, the water should be assumed to expand no faster than at a rate of one foot horizontal for every four feet of the flooded stream's length; and
               b.    When water is flowing from a wide section to a narrow section, the water should be assumed to contract no faster than at a rate of one foot horizontal for every one foot of the flooded stream's length; and
               c.    When expanding or contracting flows in a vertical direction, a minimum of one-foot vertical transition for every ten feet of stream length shall be used; and
               d.    Erosion/scour protection shall be provided inland upstream and downstream of the transition sections.
         (h)   General criteria for analysis of flood elevations.
            1.   The flood profiles, flows and floodway data in the designated floodway study, referenced in § 153.05, must be used for analysis of the base conditions. If the study data appears to be in error or conditions have changed, IDNR/OWR shall be contacted for approval and concurrence on the appropriate base conditions data to use.
            2.   If the floodway elevation at the site of the proposed construction is affected by backwater from a downstream receiving stream with a larger drainage area, the proposed construction shall be shown to meet:
               a.   The requirements of this section for the BFEs of the designated floodway conditions; and
               b.    Conditions with the receiving stream at normal water elevations.
            3.   If the applicant learns from IDNR/OWR, local governments, or a private owner that a downstream restrictive bridge or culvert is scheduled to be removed, reconstructed, modified, or a public flood control project is scheduled to be built, removed, constructed or modified within the next five years, the proposed construction shall be analyzed and shown to meet the requirements of this section for both the existing conditions and the expected flood profile conditions when the bridge, culvert or flood control project is built.
         (i)   Conditional Letter of Map Revision.
            1.   If the appropriate use would result in a change in the designated floodway location or the BFE, the applicant shall submit to IDNR/OWR and FEMA all information, calculations and documents necessary to be issued a conditional designated floodway map revision and receive from IDNR/OWR a conditional concurrence of the designated floodway change before a permit is issued.
            2.   The final designated floodway map will not be changed by FEMA until as-built plans or record drawings of initial filling, grading, dredging, or excavating activities are submitted and accepted by FEMA and IDNR/OWR. All field surveys shall be conducted under the supervision of a registered P.E. or registered land surveyor and shall be sealed. All required engineering analyses shall be conducted under the supervision of a registered P. E., or in the case of a federal project, by the federal agency and shall be so sealed or stated.
            3.   In the case of non-government projects, the municipality in incorporated areas and the county in unincorporated areas shall concur with the proposed conditional designated floodway map revision before IDNR/OWR approval can be given.
            4.   No filling, grading, dredging or excavating shall take place until a conditional approval is issued.
            5.   After initial filling, grading, dredging or excavating, no activities shall take place until a final LOMR is issued by FEMA with concurrence from IDNR/OWR.
         (j)   Professional engineer's supervision. All engineering analyses shall be performed by or under the supervision of a registered P.E.
         (k)   After receipt of conditional approval of the designated floodway change and issuance of a permit and a Conditional Letter of Map Revision, construction as necessary to change the floodway designation may proceed but no buildings or structures or other construction that is not an appropriate use may be placed in that area until the designated floodway map is changed and a final Letter of Map Revision is received. The designated floodway map will be revised upon acceptance and concurrence by IDNR/OWR and FEMA of the as-built plans.
      (4)   Permits for dams.
         (a)   Any work involving the construction, modification or removal of a dam as defined in §153.02 per 17 Ill. Adm. Code Part 3702 (Rules for Construction of Dams) shall obtain an IDNR/OWR permit prior to the start of dam construction.
         (b)   If the Building Commissioner or designee finds a dam that does not have an IDNR/OWR permit, the Building Commissioner or designee shall immediately notify the IDNR/OWR Bartlett office.
         (c)   If the Building Commissioner or designee finds a dam which is believed to be in unsafe condition, the Building Commissioner or designee shall immediately notify the owner of the dam, the IDNR/OWR Bartlett office, and the Illinois Emergency Management Agency.
      (5)   Activities that do not require a registered professional engineer's review. Regional Permit No. 3, which authorizes, for example, underground and overhead utilities, storm and sanitary sewer outfalls, sidewalks, patios, athletic fields, playground equipment and streambank protection activities; may be permitted without a registered P.E.'s review. Such activities shall still meet the other requirements of this chapter, including the mitigation requirements.
      (6)   Development activities in delegated communities requiring state review. As specified in 17 Ill. Adm. Code Part 3708, the following shall not be delegated and shall be subject to IDNR/OWR review and permits:
         (a)   Permits issued to organizations that are exempt from the village permitting authority.
         (b)   DNR/OWR projects, dams (as defined by 17 Ill. Adm. Code 3702) and all other state, federal or local unit of government projects, including projects of the municipalities and counties.
         (c)   Construction and other activities in public bodies of water pursuant to 17 Ill. Adm. Code 3704.
         (d)   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, pursuant to § 153.06(B)(3)(e).
         (e)   An engineer's determination that a proposed new bridge, affected by backwater from a downstream receiving stream, may be built with a smaller opening pursuant to § 153.06(B)(3)(d).
         (f)   An analysis of alternative transition sections and hydraulically equivalent storage pursuant to § 153.06(B)(3)(a), (b), (h).
         (g)   Projects which revise or establish the floodway and/or flood profiles.
(Ord. 2019-009, passed 10-30-19)
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