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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:
(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.
(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)
(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.
(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.
(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)
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)
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
(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)
The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of study. Larger floods may occur, or flood heights may be increased by man- made or natural causes. This chapter does not imply that development, either inside or outside of the floodplain, will be free from flooding or damage. This chapter does not create liability on the part of the village or any officer or employee thereof for any flood damage that results from reliance on this chapter or any administrative decision made lawfully thereunder.
(Ord. 2019-009, passed 10-30-19)
(A) Failure to obtain a permit for development in the floodplain or failure to comply with the conditions of a permit or a variance shall be deemed to be a violation of this chapter. Upon due investigation, the Building Commissioner or designee may determine that a violation of the minimum standards of this chapter exists. The Building Commissioner or designee shall notify the owner in writing of such violation. In order to document receipt, this notice shall be sent by either personal delivery or certified, return receipt, restricted mail or a method defined in other community regulations.
(B) If such owner fails, after ten days from the date the written notice is issued, to correct the violation:
(1) The village may make application to the Circuit Court for an injunction requiring conformance with this chapter or make such other order as the Court deems necessary to secure compliance with the chapter.
(2) Any person who violates this chapter shall, upon conviction thereof, be fined not less than $50 or more than $750 for each offense.
(3) A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.
(4) The village shall record a notice of violation on the title to the property.
(C) The Building Commissioner or designee shall inform the owner that any such violation is considered a willful act to increase flood damages and, therefore, may cause coverage by a Standard Flood Insurance Policy to be suspended.
(1) The Building Commissioner or designee is authorized to issue an order requiring the suspension of the subject development. The stop-work order shall be in writing, shall indicate the reason for the issuance, and shall order the action, if necessary, to resolve the circumstances requiring the stop-work order. The stop-work order constitutes a suspension of the permit.
(2) No site development permit shall be permanently suspended or revoked until a hearing is held by the Village Administrator. Written notice of such hearing shall be served on the permittee and shall state: (1) the grounds for complaint or reasons for suspension or revocation; and (2) the time and place of the hearing. At such hearing, the permittee shall be given an opportunity to present evidence on his or her behalf. At the conclusion of the hearing, the Village Administrator shall determine whether the permit shall be suspended or revoked.
(D) Nothing herein shall prevent the village from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible.
(Ord. 2019-009, passed 10-30-19)
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