A. Floodplain Development Permit:
1. No person, firm, corporation, or governmental body shall commence any Development activities, including New Construction, Substantial Improvements, and alterations of a watercourse wholly within, partially within or in contact with the Floodplains until a floodplain development permit is obtained from the Director of Public Works. No permit shall be issued by the Director of Public Works until the requirements of this Chapter have been met.
2. No person, firm, corporation, or governmental body shall commence any development of a critical facility on land below the 0.2% annual chance flood elevation without first obtaining a development permit from the Director of Public Works.
3. A local floodplain development permit shall not be issued by the Director of Public Works for Development in a Floodway without the applicant first obtaining a state floodway permit from IDNR/OWR, except as noted in Section 4-12-6.
4. The Director of Public Works shall review all proposed Development by comparing field surveyed topography of the site to the FIRM and shall make interpretations, where needed, as to the location of the floodplain boundaries, floodway boundaries, and BFE.
a. Any Development that is located on land below the BFE, located in the mapped Floodway, or associated with a Zone AO is subject to the requirements of this Chapter. A LOMA-Floodway (LOMRFW) shall be required before issuing a floodplain development permit for land higher than the BFE if located within a mapped floodway.
b. Any Development located on land below the BFE that was filled after the date of the site's first Floodplain designation on a flood map is subject to the requirements of this Chapter.
c. Any Development located on land below the BFE that is that is hydraulically connected to the Floodplain, but not shown on the current FIRM, is subject to the provisions of this Chapter.
d. The Director of Public Works shall maintain documentation of the pre-existing ground elevation at the site and, if applicable, certification that this ground elevation existed prior to the date of the site's first FIRM identification in the Floodplain.
5. If the Development site is within a Floodway or in a Floodplain for which a detailed study has not been conducted, the floodplain development permit shall be referred to a P.E. under the employ or contract of the Village for review to ensure that the Development meets the requirements of this Chapter.
6. A floodplain development permit or approval shall become invalid unless the actual Start of Construction, for work authorized by such permit, is commenced within one hundred and eighty (180) days after its issuance, or if the work authorized is suspended or abandoned for a period of one hundred and eighty (180) days after the work commences.
The Director of Public Works shall ensure that all Development activities happen in a timely manner. All permitted work shall be completed within fifteen (15) months after the date of issuance of the permit or the permit shall expire. Time extensions, of not more than ninety (90) days each, may be granted, in writing, by the Director of Public Works. 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.
7. Letters of Map Revision. The Director of Public Works shall require a CLOMR prior to issuance of a development permit for proposed floodway encroachments that will cause an increase in the BFE; and proposed development which will increase the BFE by more than 0.1 feet in riverine area where FEMA has provided a BFE but no floodway.
Once a CLOMR has been issued, the development permit may be issued for site grading and structures necessary in the area of the map change to achieve the final LOMR. Upon completion, the applicant shall submit as-built certifications, as required by FEMA, to achieve a final LOMR prior to the release of final development permits. Review Section 4-12-8(C)(10) for the construction of buildings in any floodplain issued a LOMR Based on Fill.
8. Application. An application for a floodplain development permit shall be made on a form provided by the Director of Public Works.
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, additions to Buildings, sewage disposal and water supply facilities; Floodplain limits based on elevation or depth, as applicable; Floodway limits, as applicable; location and dimensions of all structures, including but not limited to fences, culverts, decks, gazebos, agricultural structures, and Accessory Structures.
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 Section 4-12-8 of this Chapter.
B. Duties of the Director of Public Works. It shall be the duty of the Director of Public Works to:
1. Check all new Development sites to determine whether they are in a Floodplain using criteria listed in Section 4-12-4 of this Chapter or for Critical Facilities, using the 0.2% annual chance flood elevation, if defined.
2. If the site is in a Floodplain, determine whether the site in a Floodway, Flood Fringe or in a Floodplain for which a detailed study has not been conducted.
6. Inspect all projects before, during and after construction to assure proper elevation of the Building and to ensure compliance with the provisions of this Chapter.
7. Schedule, on an annual basis, an inspection of the Floodplain and document the results of the inspection.
8. Review Elevation Certificates and Floodproofing Certificates for accuracy and require incomplete or deficient certificates be corrected and maintained in permit files including:
a. Elevation Certificate certifying the elevation of the Lowest Floor (including Basement) of a residential or non-residential Building subject to Section 4-12-8 of this Chapter, or an Elevation Certificate certifying the elevation of the lowest horizontal structural member of the Lowest Floor, where required by Section 4-12-8(C) and/or;
b. Floodproofing Certificate certifying the elevation to which a nonresidential Building has been dry floodproofed, using a Floodproofing Certificate, for all Buildings required to be dry floodproofed pursuant to Section 4-12-8 of this Chapter.
9. Maintain for public inspection and furnish upon request all permit records, including but not limited to Base Flood data, Floodplain and Designated Floodway maps, copies of federal or state permit documents, variance documentation, soil compaction records, Conditional Letter of Map Revision, Letter of Map Revision, Letter of Map Amendment, asbuilt elevation, Floodproofing Certificates and Elevation Certificates for all Buildings constructed subject to this Chapter.
10. 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 the Act. Floodway permit requirements are specified in Sections 4-12-6 and 4-12-7 of this Chapter.
11. Permits for Dams may be required from IDNR/OWR. The Director of Public Works shall contact IDNR/OWR to determine if a permit is required and for application details. Any work involving the construction, modification, or removal of a Dam, per 17 Ill. Adm. Code Part 3702 (Rules for Construction of Dams), shall obtain an IDNR/OWR permit prior to the issuing a local permit.
12. 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, and Illinois Endangered Species Protection Act, all as amended from time to time.
13. Establish procedures for administering and documenting determinations, as outlined below, of Substantial Improvement and Substantial Damage made pursuant this Chapter.
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, including the cost of volunteer labor and donated materials must be included.
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 Village and this Chapter is required.
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 (6) 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 rules and regulations as necessary to administer and enforce the provisions of this Chapter, subject however to the review and approval of IDNR/OWR and FEMA for any Ordinance changes.
16. Notify IDNR/OWR and adjacent communities in writing thirty (30) days prior to the issuance of a permit for the alteration or relocation of a watercourse.
17. If a variance is to be granted, the Director of Public Works shall review the requirements of Section 4-12-10 to make sure they are met. In addition, the Director of Public Works shall complete all notifications requirements, prepare a staff report and recommendations.
18. Enforce the provisions of this Chapter, investigate violations, issue notices of violation or stop work orders, and require corrective action, as outlined in Section 4-12-12. (Ord. 3852, 1-10-2022)