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§ 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)
§ 153.07 OCCUPATION AND USE OF FLOODPLAIN AREAS WHERE FLOODWAYS ARE NOT IDENTIFIED.
   In floodplains, (including AE, AH, AO and unnumbered A Zones) where no floodways have been identified and no BFEs have been established by FEMA, and draining more than a square mile, no development shall be permitted unless the cumulative effect of the proposals, when combined with all other existing and anticipated uses and structures, shall not significantly impede or increase the flow and passage of the floodwaters nor significantly increase the BFE.
    (A)   Development permit.
      (1)   No person, firm, corporation, or governmental body shall commence any development in a 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 existing grade elevations and all changes in grade resulting from excavation or filling, 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 elevations of the lowest floor (including basement) of all proposed buildings subject to the requirements of § 153.08.
         (b)   The application for a development permit shall also include the following information:
            1.   A detailed description of the proposed activity, its purpose, and intended use;
            2.   Site location (including legal description) of the property, drawn to scale, on the FIRM, indicating whether it is proposed to be in an incorporated or unincorporated area;
            3.    Anticipated dates of initiation and completion of activity;
            4.   Plans of the proposed activity shall be provided which include as a minimum:
               a.   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;
               b.   A plan view of the project and engineering study reach showing existing and proposed conditions including principal dimensions of the structure or work, elevations, using the NAVD 88, adjacent property lines and ownership, drainage and flood control easements, distance between proposed activity and navigation channel (when the proposed construction is in or near a commercially navigable body of water), floodplain limit, location and orientation of cross-sections, north arrow, and a graphical or numerical scale;
               c.    Cross-section views of the project perpendicular to the flow of floodwater and engineering study reach showing existing and proposed conditions including principal dimensions of the work as shown in plain view, existing and proposed elevations, normal water elevation, 10% annual chance flood elevation, BFE, and graphical or numerical scales (horizontal and vertical); and
               d.   A seeding or stabilization plan for the disturbed areas.
         (c)   Engineering calculations and supporting data shall be submitted showing that the proposed work will meet the criteria of § 153.07(B).
         (d)   Any and all other federal, state, and local permits or approvals that may be required for this type of development.
      (3)   Based on the best available existing data according to federal, state or other sources, the Building Commissioner or designee shall compare the elevation of the site to the BFE.
      (4)   Should no BFE information exist for the site, the developer's engineer shall calculate the BFE according to § 153.04(D).
         (a)   Any development located on land that can be shown to have been higher than the BFE prior to the current FIRM's floodplain identification, is not in the floodplain and, therefore, not subject to the requirements of this chapter.
         (b)   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 current FIRM's floodplain identification.
         (c)   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. The Building Commissioner or designee shall not issue the development permit unless all required federal, state, and local permits have been obtained.
      (5)   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.
   (B)   Preventing increased damages.
      (1)   No development in the floodplain, where a floodway has not been determined, shall create a damaging or potentially damaging increase in flood heights or velocity or threat to public health, safety and welfare or impair the natural hydrologic and hydraulic functions of the floodway or channel or impair existing water quality or aquatic habitat. Construction impacts shall be minimized by appropriate mitigation methods as called for in this chapter.
      (2)   Within all riverine floodplains where the floodway has not been determined, the following standards shall apply:
         (a)   The developer shall have a licensed P.E. state in writing and show through supporting plans, calculations, and data that the project meets the engineering requirements of § 153.06(B)(3)(a) - (i) for the entire floodplain as calculated under the provisions of § 153.04(D).
         (b)   As an alternative, the developer should have an engineering study performed to determine a floodway and submit that engineering study to IDNR/OWR and FEMA for acceptance as a designated floodway.
         (c)   Upon acceptance of the floodway by IDNR/OWR and FEMA, the developer shall then demonstrate that the project meets the requirements of § 153.06 for the designated floodway. The floodway shall be defined according to the definition in § 153.02.
         (d)   A development permit shall not be issued unless the applicant first obtains an IDNR/OWR permit or a determination has been made that an IDNR/OWR permit is not required.
         (e)   Permits for dams.
            1.   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.
            2.   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.
            3.   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.
      (3)   The following activities may be permitted without a licensed P.E.'s review or calculation of BFE and designated floodway. Such activities shall still meet the other requirements of this chapter.
         (a)   Bridge and culvert crossings of streams in rural areas meeting conditions of IDNR/OWR Statewide Permit No. 2;
         (b)   Barge fleeting facilities meeting conditions of IDNR/OWR Statewide Permit No. 3;
         (c)   Aerial utility crossings meeting conditions of IDNR/OWR Statewide Permit No. 4;
         (d)   Minor boat docks meeting conditions of IDNR/OWR Statewide Permit No. 5;
         (e)   Minor, non-obstructive activities meeting conditions of IDNR/OWR Statewide Permit No. 6; activities (not involving fill or positive change in grade) are covered by this permit;
         (f)   Outfall structures and drainage ditch outlets meeting conditions of IDNR/OWR Statewide Permit No. 7;
         (g)   Underground pipeline and utility crossings meeting the conditions of IDNR/OWR Statewide Permit No. 8;
         (h)   Bank stabilization projects meeting the conditions of IDNR/OWR Statewide Permit No. 9;
         (i)   Accessory structures and additions to existing residential buildings meeting the conditions of IDNR/OWR Statewide Permit No. 10;
         (j)   Minor maintenance dredging activities meeting conditions of DNR/OWR Statewide Permit No. 11;
         (k)   Bridge and culvert replacement structures and bridge widenings meeting conditions of IDNR/OWR Statewide Permit No. 12;
         (l)   Temporary construction activities meeting conditions of IDNR/OWR Statewide Permit No. 13;
         (m)   Special uses of public waters meeting conditions of IDNR/OWR Statewide Permit No. 14; and
         (n)   Any development determined by IDNR/OWR to be located entirely within a flood fringe area shall be exempt from state floodway permit requirements.
      (4)   The flood carrying capacity of any altered or relocated watercourse shall be maintained.
      (5)   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. All such excavations shall be constructed to drain freely and openly to the watercourse.
(Ord. 2019-009, passed 10-30-19)
§ 153.08 PERMITTING REQUIREMENTS APPLICABLE TO ALL FLOODPLAIN AREAS.
   In addition to the requirements found in §§ 153.05 - 153.07 for development in flood fringes, designated floodways, and floodplains where no floodways have been identified, the following requirements shall be met.
   (A)   Public health and other standards.
      (1)   No developments in the floodplain shall include locating or storing chemicals, explosives, buoyant materials, animal wastes, fertilizers, flammable liquids, pollutants, or other hazardous or toxic materials below the FPE unless such materials are stored in a floodproofed and anchored storage tank and certified by a P.E. or floodproofed building constructed according to the requirements of § 153.09(C).
      (2)   Public utilities and facilities such as sewer, gas and electric shall be located and constructed to minimize or eliminate flood damage.
      (3)   Public sanitary sewer systems and water supply systems shall be located and constructed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.
      (4)   New and replacement water supply systems, wells, sanitary sewer lines and on-site waste disposal systems may be permitted providing all manholes or other above ground openings located below the FPE are watertight. New and replacement on-site sanitary sewer lines or waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.
      (5)   All other activities, defined as development, such as pools, fences, filling, paving, etc., shall be designed so as not to alter flood flows or increase potential flood damages.
   (B)   Carrying capacity and notification of adjacent communities.
      (1)   For all projects involving channel modification, fill, or stream maintenance (including levees), the flood carrying capacity of the watercourse shall be maintained.
      (2)   In addition, the village shall notify adjacent communities in writing 30 days prior to the issuance of a permit for the alteration or relocation of the watercourse.
   (C)   Protecting buildings.
      (1)   In addition to the damage prevention requirements in §§ 153.05(B) and 153.06(B), all buildings located within a floodplain shall be protected from flood damage below the FPE. This building protection criteria applies to the following situations:
         (a)   New construction or placement of a new building or alteration or addition to an existing building valued at more than $1,000 or 70 square feet.
         (b)   Substantial improvements, including any combination of alteration, repair, rehabilitation, reconstruction, addition, or other improvements made to an existing building that equal or exceed the market value by 50%, or that increase the floor area by more than 20%. Alteration shall be figured cumulatively ten-year period since August 13, 1990. If substantially improved, the existing building and the addition must meet the flood protection standards of this section.
         (c)   Any repairs made to a substantially damaged building. Substantial damage shall be figured cumulatively ten-year period since August 13, 1990 by comparing the cost to repair the building to its pre- damage condition with the market value of the building immediately prior to the damage, for each event in which the building sustains damage, and adding the percentages of damage for each event.. If substantially damaged, the entire building must meet the flood protection standards of this section.
         (d)   Installing a manufactured home on a new site or a manufactured home on an existing site. (The building protection requirements do not apply when returning a manufactured home to the same site it lawfully occupied before it was removed to avoid flood damage.)
         (e)   Installing a travel trailer or recreational vehicle on a site for more than 180 consecutive days; and
         (f)   Repetitive loss to an existing building as defined in § 153.02.
      (2)   The lowest floor (including basement) of new construction of residential buildings, and substantially improved residential buildings, must be elevated to the FPE, subject to the more specific additional requirements in § 153.08(C)(2)(a) - (c) below.
         (a)   If fill, including grading to redistribute onsite material to alter existing topography, is used as a means of elevation:
            1.   The lowest floor (including basement) shall be at or above the FPE.
            2.   The fill shall be placed in layers no greater than six inches before compaction and must extend at least ten feet beyond the foundation before sloping below the FPE.
            3.   The top of the fill shall be above the FPE. However, the ten foot minimum may be waived if a structural engineer certifies an alternative method to protect the building from damages due to hydrostatic pressures.
            4.   The fill shall be protected against erosion and scour during flooding by vegetative cover, riprap, or other structural measure.
            5.   The fill shall be composed of clean rock or soil and not include debris or refuse material.
            6.   The fill shall not adversely affect the flow of surface drainage from or onto neighboring properties.
         (b)   If the building's lowest floor is elevated above ground level with an enclosed or unenclosed area below the lowest floor:
            1.   The building shall be elevated on piles, walls, columns, crawlspace, or other foundation that is permanently open to floodwaters.
            2.   All enclosed areas below the FPE shall provide for equalization of hydrostatic pressures by allowing the automatic entry and exit of floodwaters. Each wall must have a minimum of one permanent opening that is below the BFE and no more than one foot above finished grade. The openings shall provide a total net area of not less than one square inch for every one square foot of enclosed area subject to flooding below the BFE, or the design must be certified by a registered P.E, as providing the equivalent performance in accordance with accepted standards of practice. Refer to FEMA TB1, Openings in Foundation Walls and Walls of Enclosures , for additional guidance.
            3.   All electrical, heating, ventilating, plumbing, and air conditioning equipment and utility meters shall be located at or above the FPE.
            4.   The building, foundation, and supporting members shall be adequately anchored to prevent flotation, collapse, or lateral movement of the building resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, and be designed so as to minimize exposure to current, waves, ice, and floating debris.
            5.   All building components below the FPE shall be constructed of materials resistant to flood damage.
            6.   Water and sewer pipes, electrical and telephone lines, submersible pumps, and other service facilities may be located below the FPE provided they are waterproofed.
            7.   The area below the FPE shall be used solely for parking or building access and not later modified or occupied as habitable space.
            8.   A non-conversion agreement shall be signed by the applicant for all buildings with an enclosed area, below the FPE, with a height of four feet or greater. This agreement shall state that the enclosed area below FPE may be inspected on an annual basis or as requested by the village upon written notice and shall not be converted for use other than for parking, building access or for allowable storage as detailed in this chapter. The applicant agrees to notify prospective purchasers of the existence of the non-conversion agreement. It shall be the responsibility of the applicant to transfer the non-conversion agreement at closing to the purchaser through notarized signature, a copy of all new non-conversion agreements shall be provided to the Building Commissioner or designee. Failure to transfer the non-conversion agreement and provide a signed copy to the Building Commissioner or designee shall subject the violator to the penalties set forth in this chapter.
         (c)   If the floor of any area of a building below the lowest floor is proposed to be below grade on all sides, typical for crawlspace construction, the building shall meet the requirements of this chapter and FEMA TB 11 Crawlspace Construction for Buildings Located in Special Flood Hazard Areas. The building, while NFIP compliant, will be considered to have a basement for NFIP insurance purposes.
            1.   The building shall be designed and adequately anchored to resist flotation, collapse, and lateral movement of the building resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
            2.   All enclosed areas below the FPE shall provide for equalization of hydrostatic pressures by allowing the automatic entry and exit of floodwaters. Each wall must have a minimum of one permanent opening that is below the BFE and no more than one foot above finished grade. The openings shall provide a total net area of not less than one square inch for every one square foot of enclosed area subject to flooding below the BFE, or the design must be certified by a registered P.E. as providing the equivalent performance in accordance with accepted standards of practice. Refer to FEMA TB 1, Openings in Foundation Walls and Walls of Enclosures, for additional guidance.
            3.   Per FEMA TB 11, the crawlspace shall be designed so that:
               a.   The interior grade of the crawlspace floor below the FPE must not be more than two feet below the lowest adjacent grade.
               b.   The interior height of the crawlspace measured from the interior grade of the crawl to the top of the foundations wall must not exceed four feet at any point.
               c.   An adequate drainage system must be installed to remove floodwaters from the interior area of the crawlspace within a reasonable period of time after a flood event.
               d.   The velocity of floodwater at the site shall not exceed five feet per second.
            4.   Portions of the building below the FPE must be constructed with materials resistant to flood damage.
            5.   Utility systems within the crawlspace must be elevated above the FPE.
      (3)   The lowest floor (including basement) of new construction of nonresidential buildings, and substantial improvement of nonresidential buildings, must either (1) be elevated to or above the FPE, subject to the more specific additional requirements of § 153.08(C)(2)(a) - (c) above; or (2) be structurally dry- floodproofed (in lieu of elevation), provided a registered P.E. or architect submits a FEMA floodproofing certificate, documenting that the registered P.E. or architect developed and/or reviewed the structural design, specifications, and plans for construction, and that the engineer or architect certifies that the design and methods of construction are in accordance with accepted standards of practice for meeting the requirements of ASCE 24-14 and the requirements listed below:
         (a)   Below the FPE, the building and attendant utility and sanitary facilities are watertight with walls substantially impermeable to the passage of water and structural components capable of resisting hydrostatic and hydraulic loads and the effects of buoyancy.
         (b)   The building design accounts for flood velocities, duration, rate of rise, hydrostatic and hydrodynamic forces, the effects of buoyancy, and impact from debris and ice.
         (c)   Floodproofing measures will be incorporated into the building design and operable without human intervention and without an outside source of electricity.
         (d)   The building, utility, and sanitary facilities' design and construction will prevent the effect of sewer backup into the building.
         (e)   Levees, berms, floodwalls and similar works are not considered floodproofing for the purpose of this chapter.
      (4)   All placement of manufactured homes and/or travel trailers, to be permanently installed on site for more than 180 consecutive days, shall be:
         (a)   Elevated to or above the FPE using a support and anchoring system, designed by a P.E. pursuant to 77 Ill. Adm. Code § 870.110.
         (b)   Anchored to resist flotation, collapse, or lateral movement by being tied down in accordance with the rules and regulations for the Illinois Mobile Home Tie-Down Act issued pursuant to 77 Ill. Adm. Code § 870.220.
      (5)   Travel trailers and recreational vehicles, on site for more than 180 consecutive days, shall meet the elevation requirement and anchoring requirements of § 153.08(C)(4) unless the following conditions are met:
         (a)   The vehicle must be either self-propelled or towable by a light duty truck.
         (b)   The vehicle must not be attached to any permanent additions or external structures, such as decks and porches.
         (c)   The vehicle must be designed solely for recreation, camping, travel, or seasonal use rather than as a permanent dwelling.
         (d)   The vehicles having a total area not exceeding 400 square feet measured when all horizontal projections are fully expanded.
         (e)   The vehicle's wheels must remain on axles and have inflated tires.
         (f)   Any air conditioning units must be attached to the frame so as to be safe for movement out of the floodplain.
         (g)   The vehicle must be attached to a site only by quick disconnect type utilities and security devices. Utility connections include, but are not limited to, propane tanks, electrical and sewage.
         (h)   The vehicle must be licensed and titled as a recreational vehicle or park model, and must either be entirely supported by jacks, or have a hitch jack permanently mounted, have the tires touching the ground and be supported by block in a manner that will allow the block to be easily removed by use of the jacks/hitch jack.
      (6)   Garages, sheds or other minor accessory structures constructed ancillary to an existing residential use may be constructed with the lowest floor below the FPE provided the following conditions are met:
         (a)   The building must not be constructed and used for habitation, must not include areas intended or used for living, sleeping, eating, or cooking, and must not include bathrooms, toilet rooms, or shower rooms.
         (b)   All areas below the BFE shall be constructed with flood-resistant materials.
         (c)   The building must be used only for the storage of vehicles and tools and cannot be modified later into another use.
         (d)   The building shall be located outside of the designated floodway unless the building can be constructed and placed on a building site so as not to block flood flows nor reduce floodway storage (§ 153.06(B)(1)(f)), can also meet the appropriate use criteria of § 153.06.
         (e)   All electrical lines, switches, receptacles, and fixtures must be located above the FPE except to the minimum extent required by applicable building or life-safety codes. Any switches, receptacles, and/or fixtures required by applicable building or life-safety codes to extend below the FPE shall be rated, or located in enclosures rated, for prolonged submersion.
         (f)   No plumbing, heating, or air conditioning shall be permitted in garages, sheds, or other minor accessory structures allowed to be wet floodproofed under this § 153.08(C)(6) in lieu of elevation.
         (g)   The building must have at least one permanent opening on each wall below the BFE and not more than one foot above the finished, outside grade with one square inch of opening for every one square foot of floor area.
         (h)   The building must be less than $15,000 in market value or replacement cost whichever is greater or less than 576 square feet (24 feet x 24 feet).
         (i)   The building shall be anchored to resist floatation and overturning.
         (j)   All flammable or toxic materials (gasoline, paint, insecticides, fertilizers, etc.) shall be stored above the FPE.
         (k)   The lowest floor elevation should be documented, and the owner advised of the flood insurance implications of building with the lowest flood below the BFE. In Floodplain Zones AO and AH, drainage paths shall be provided around buildings on sloped and all other applicable requirements of this chapter.
      (7)   Ground to guide water away from the buildings.
      (8)   Existing buildings located within a designated floodway shall also meet the more restrictive appropriate use standards included in § 153.06. Non-conforming buildings located in a designated floodway may remain in use and may only be enlarged, replaced or structurally altered in accordance with § 153.06(B). A non-conforming building damaged by flood, fire, wind or other natural or man-made disaster may be restored unless the damage exceeds 50% of its market value before it was damaged, in which case it shall conform to this chapter.
      (9)   New construction or substantial improvement of critical facilities shall be located outside the limits of the floodplain. Construction of new critical facilities shall be permissible within the floodplain if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor (including basement) elevated or structurally dry floodproofed to the 0.2% chance flood elevation or three feet above the BFE whichever is greater. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the BFE shall be provided to all critical facilities. As necessary, adequate parking, at or above the BFE, shall be provided for staffing of the critical facilities during a flood.
   CRITICAL FACILITIES may include: emergency services facilities (such as fire and police stations), schools, sewage treatment plants, water treatment plants, sanitary pumping stations, hospitals, retirement homes, senior care facilities, major roads and bridges, critical utility sites (telephone switching stations or electrical transformers), and hazardous material storage facilities (chemicals, petrochemicals, hazardous or toxic substances).
(Ord. 2019-009, passed 10-30-19)
§ 153.09 SUBDIVISION REQUIREMENTS.
   The President and Board of Trustees shall take into account flood hazards, to the extent that they are known in all official actions related to land management, use and development.
   (A)   New subdivisions, manufactured home parks, annexation agreements, and planned unit developments within the floodplain shall be reviewed to assure that the proposed developments are consistent with §§ 153.05 - 153.08 and the need to minimize flood damage. Plats or plans for new subdivisions, manufactured home parks and planned unit developments shall include a signed statement by a registered P.E. that the plat or plans account for changes in the drainage of surface waters in accordance with the Plat Act (ILCS Ch. 765, Act 205, § 2).
   (B)   Proposals for new subdivisions, manufactured home parks, travel trailer parks, planned unit developments and additions to manufactured home parks and additions to subdivisions shall include BFE data and floodway delineations. Where this information is not available from an existing adopted study, the applicant's engineer shall be responsible for calculating the BFE per § 153.04(D) and the floodway delineation per the definition in § 153.02.
   (C)   Streets, blocks, lots, parks and other public grounds shall be located and laid out in such a manner as to preserve and utilize natural streams and channels. Wherever possible, the floodplains shall be included within parks or other public grounds.
   (D)   The President and Board of Trustees shall not approve any planned unit development or plat of subdivision located outside the corporate limits unless such agreement or plat is in accordance with the provisions of this chapter.
   (E)   All public utilities and facilities, such as sewer, gas, electrical and water systems, must be located and constructed to minimize or eliminate flood damage.
(Ord. 2019-009, passed 10-30-19)
§ 153.10 VARIANCES.
   No variances shall be granted within a designated floodway, as defined in § 153.02, if any increase in flood levels would result.
   (A)   Whenever the standards of this chapter place undue hardship on a specific development proposal, the applicant may apply to the Village Planning, Zoning, and Development Commission for a variance. The Village Planning, Zoning, and Development Commission shall review the applicant's request for a variance and shall submit its recommendation to the Zoning Committee. The Zoning Committee will review the applicant's request for a variance and shall submit its recommendation to the President and Board of Trustees. The village may attach such conditions to granting of a variance as it deems necessary to further the flood protection intent of this chapter.
   (B)   No variance shall be granted unless the applicant demonstrates, and the President and Board of Trustees finds, that all of the following conditions are met:
      (1)   The development activity cannot be located outside the floodplain.
      (2)   An exceptional hardship would result if the variance were not granted.
      (3)   The variance granted is the minimum necessary, considering the flood hazard, to afford relief.
      (4)   There will be no additional threat to public health or safety, destruction of beneficial stream uses and functions including, aquatic habitat, creation of a nuisance, causation of fraud on or victimization of the public, or conflict with existing local laws or ordinances.
      (5)   There will be no additional public expense for flood protection, lost environmental stream uses and functions, rescue or relief operations, policing, or repairs to streambeds and banks, roads, utilities, or other public facilities; and
      (6)   The provisions of §§ 153.05(B) and 153.07(B) shall still be met; and
      (7)   The applicant's circumstances are unique and do not establish a pattern inconsistent with the intent of the NFIP; and
      (8)   All other required state and federal permits or waivers have been obtained.
   (C)   The Building Commissioner or designee shall notify an applicant in writing that a variance from the requirements of § 153.08 that would lessen the degree of protection to a building will:
      (1)   Result in increased premium rates for flood insurance up to amounts as high as $25 per $100 of insurance coverage; and
      (2)   Increase the risks to life and property; and
      (3)   Require that the applicant proceed with knowledge of these risks and that the applicant will acknowledge in writing the assumption of the risk and liability.
   (D)   Variances requested in connection with restoration of a historic site or historic structure may be granted to allow repair or rehabilitation of historic structures using criteria more permissive than the requirements of § 153.10(B) and (C), subject to the conditions that:
      (1)   The variance is the minimum necessary to preserve the historic character and design of the building; and
      (2)   The repair or rehabilitation will not preclude the building's continued designation as a historic structure.
   (E)   The findings of fact and conclusions of law made by the President and Board of Trustees according to § 153.10(B), the notifications required by § 153.10(C), and a record of hearings and evidence considered as justification for the issuance of all variances from this chapter shall be maintained by the village in perpetuity.
(Ord. 2019-009, passed 10-30-19)
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