Determine the floodplain designation. The city engineer is responsible for the following:
(A) Check all new development sites to determine whether they are in a floodplain using criteria listed in § 151.30, Base Flood Elevation.
(B) If the site is in a floodplain, determine whether the site is in a floodway, flood fringe or in a floodplain for which a detailed study has not been conducted and which drains more than one square mile.
(1) If the site is within a flood fringe, the city engineer shall require that the minimum requirements of § 151.31 be met.
(2) If the site is within a floodway, the city engineer shall require that the minimum requirements of § 151.32 be met.
(3) If the site is within a floodplain for which no detailed study has been completed and approved, the city engineer shall require that the minimum requirements of § 151.33 be met.
(4) If the development site is within a floodway or in a floodplain for which a detailed study has not been conducted and which drains more than one square mile, the permit shall be referred to a P.E. under the employ or contract of the city for review to ensure that the development meets §§ 151.32 or 151.33.
(5) In the case of an appropriate use the city engineer shall state in writing that the development meets the requirements of § 151.32.
(6) Dam safety requirements.
(a) Ensure that an IDNR dam safety permit has been issued or a letter indicating no dam safety permit is required, if the proposed development activity includes construction of a dam as defined in § 151.03. Regulated dams may include weirs, restrictive culverts, or impoundment structures.
(b) Dams are classified as to their size and their hazard/damage potential in the event of failure. Permits for dams may be required from IDNR/OWR. Contact IDNR/OWR to determine if a permit is required. If a permit is required, a permit application must be made to IDNR/OWR prior to the construction or major modification of jurisdictional dams.
(7) Ensure any and all required federal, state and local permits are received prior to the issuance of a floodplain development permit, including, but not limited to, permits pertaining to the Clean Water Act, Public Water Supply, Endangered Species Act, Illinois Endangered and Species Protection Act.
(8) Plan review and permit issuance.
(a) Ensure that all development activities, including new construction and substantial improvements, within the floodplains of the jurisdiction of the city meet the requirements of this chapter.
(b) Issue a floodplain development permit in accordance with the provisions of this chapter and other regulations of this community when the development meets the conditions of this chapter.
(9) Inspection review.
(a) Inspect all development projects before, during and after construction to assure proper elevation of the building and to ensure compliance with the provisions of this chapter.
(b) Schedule on an annual basis an inspection of the floodplain and document the results of the inspection.
(10) Substantial damage and substantial improvement determinations. Establish, procedures for administering and documenting determinations, as outlined below, of substantial improvement and substantial damage made pursuant to § 151.34.
(a) Determine the market value or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building before the start of construction of the proposed work. In the case of repair, the market value of the building shall be the market value before the damage occurred and before any repairs are made.
(b) Compare the cost to perform the improvement, the cost to repair a damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building.
(c) Determine and document whether the proposed work constitutes substantial improvement or substantial damage.
(d) Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the city and this chapter is required.
(11) Elevation and floodproofing certificates. Maintain permit files including:
(a) An elevation certificate certifying the elevation of the lowest floor (including basement) of a residential or nonresidential building subject to § 151.34 of this chapter, and/or;
(b) The elevation to which a non-residential building has been floodproofed, using a floodproofing certificate, for all buildings subjection to § 151.34 of this chapter.
(12) Records for public inspection. Maintain for public inspection and furnish upon request all permit records, including but not limited to base flood data, floodplain and designated floodway maps, copies of federal or state permit documents, variance documents, soil compaction records, conditional letter of map revision, letter of map revision, letter of map amendment, as-built elevation, floodproofing certificates and elevation certificates for all buildings constructed subject to this chapter.
(13) Floodway permits. For all development projects in a floodway, ensure that construction authorization has been granted by IDNR/OWR or a delegated community, or written documentation is provided stating that a permit is not required from IDNR/OWR, issued pursuant to ILCS Ch. 615, Act 5, §§ 5 et seq. Floodway permit requirements are specified in §§ 151.32 and 151.33 of this chapter.
(14) Cooperation with other agencies.
(a) Cooperate with state and federal floodplain management agencies to improve base flood and floodway data and to improve the administration of this chapter;
(b) Submit data to IDNR/OWR and FEMA for proposed revisions of a regulatory map within six months whenever a modification of the floodplain may change the BFE or result in a change to the floodplain map;
(c) Submit reports as required for the NFIP; and
(d) Notify FEMA of any proposed amendments to this chapter.
(15) Promulgate regulations. Promulgate rules and regulations as necessary to administer and enforce the provisions of this chapter, subject however to the review and approval of IDNR/OWR and FEMA for any chapter changes.
(16) State permits. Ensure that construction authorization has been granted by the IDNR, for all development projects subject to §§ 151.32 and 151.33, unless enforcement responsibility has been delegated to the city. Upon acceptance of this chapter by IDNR and FEMA, responsibility is hereby delegated to the city as per 17 Ill. Adm. Code Part 3708 for construction in the regulatory floodway and floodplain when floodways have not been defined in §§ 151.32 and 151.33. However, the following review approvals are not delegated to the city and shall require review of permits from IDNR:
(a) Organizations which are exempt from this chapter, as per the Illinois Revised Statutes;
(c) An engineer’s determination that an existing bridge or culvert crossing is not a source of flood damage and the analysis indicating the proposed flood profile, per § 151.32;
(d) An engineer’s analysis of the flood profile due to § 151.32;
(e) Alternate transition section and hydraulically equivalent compensatory storage as indicated in § 151.32;
(f) Permit issuance of structures within or over publicly navigable rivers, lakes, and streams; and
(g) Any changes in the base flood elevation of floodway locations.
(17) Ensure that development projects authorized by state and federal authorities are constructed in accordance with the related state and federal permits.
(Ord. 92-23, passed 6-16-92; amend. Ord. O-13-97, passed 6-3- 97; amend. Ord. O-14-03, passed 2-18-03; amend. Ord. O-16-19, passed 10-15-19) Penalty, see § 151.99