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§ 156.02 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BASE FLOOD. The flood having a 1% probability of being equaled or exceeded in any given year. The BASE FLOOD is also known as the 100-YEAR FLOOD. The BASE FLOOD elevation at any location is as defined in § 156.03 of this chapter.
   BASE FLOOD ELEVATION (BFE). The elevation in relation to mean sea level of the crest of the base flood.
   BASEMENT. The portion of a building having its floor sub-grade (below ground level) on all sides.
   BUILDING. A walled and roofed structure, including gas or liquid storage tank, that is principally above ground, including manufactured homes, prefabricated buildings and gas or liquid storage tanks. The term also includes recreational vehicles and travel trailers installed on a site for more than 180 days per year.
   CRITICAL FACILITY.
      (1)   Any facility which is critical to the health and welfare of the population and, if flooded, would create an added dimension to the disaster. Damage to these CRITICAL FACILITIES can impact the delivery of vital services, can cause greater damage to other sectors of the community, or can put special populations at risk.
      (2)   Examples of CRITICAL FACILITIES where flood protection should be required include: emergency services facilities (such as fire and police stations), schools, hospitals, retirement homes and 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).
   DEVELOPMENT.
      (1)   Any human-made change to real estate including, but not necessarily limited to:
         (a)   Demolition, construction, reconstruction, repair, placement of a building or any structural alteration to a building;
         (b)   Substantial improvement of an existing building;
         (c)   Installation of a manufactured home on a site, preparing a site for a manufactured home or installing a travel trailer on a site for more than180 days per year;
         (d)   Installation of utilities, construction of roads, bridges, culverts or similar projects;
         (e)   Construction or erection of levees, dams, walls or fences;
         (f)   Drilling, mining, filling, dredging, grading, excavating, paving or other alterations of the ground surface; and
         (g)   Storage of materials including the placement of gas and liquid storage tanks, and channel modifications or any other activity that might change the direction, height or velocity of flood or surface waters.
      (2)   DEVELOPMENT does not include routine maintenance of existing buildings and facilities, resurfacing roads or gardening, plowing and similar practices that do not involve filing, grading or construction of levees.
   EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed or buildings to be constructed (including, at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
   EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads).
   FEMA. The Federal Emergency Management Agency.
   FLOOD. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow, the unusual and rapid accumulation or the runoff of surface waters from any source.
   FLOOD FRINGE. The portion of the floodplain outside of the regulatory floodway.
   FLOOD INSURANCE RATE MAP. A map prepared by the Federal Emergency Management Agency that depicts the floodplain or special flood hazard area (SFHA) within a community. This MAP includes insurance rate zones and may or may not depict floodways and show base flood elevations.
   FLOOD INSURANCE STUDY. An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations.
   FLOOD PROTECTION ELEVATION (FPE). The elevation of the base flood, plus one foot of freeboard at any given location in the floodplain.
   FLOODPLAIN and SPECIAL FLOOD HAZARD AREA (SFHA).
      (1)   These two terms are synonymous. Those lands within the jurisdiction of the village, the extraterritorial jurisdiction of the village or that may be annexed into the village that are subject to inundation by the base flood. The FLOODPLAINS of the village are generally identified as such on panel number 260F of the countywide flood insurance rate map of the county prepared by the Federal Emergency Management Agency and dated 2007. FLOODPLAIN also includes those areas of known flooding as identified by the community.
      (2)   The FLOODPLAINS of those parts of the unincorporated county that are within the extraterritorial jurisdiction of the village or that may be annexed into the village are generally identified as such on the flood insurance rate map prepared for the county by the Federal Emergency Management Agency and dated 2007.
   FLOODPROOFING. Any combination of structural or non-structural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate, property and their contents.
   FLOODPROOFING CERTIFICATE. A form published by the Federal Emergency Management Agency that is used to certify that a building has been designed and constructed to be structurally dry floodproofed to the flood protection elevation.
   FLOODWAY. The portion of the floodplain required to store and convey the base flood. The FLOODWAY for the floodplains of the village shall be as delineated on the countywide flood insurance rate map of the county prepared by FEMA and dated 2007. The FLOODWAYS for each of the remaining floodplains of the village shall be according to the best data available from the federal, state or other sources.
   FREEBOARD. An increment of elevation added to the base flood elevation to provide a factor of safety for uncertainties in calculations, future watershed development, unknown localized conditions, wave actions and unpredictable effects such as those caused by ice or debris jams.
   HISTORIC STRUCTURE. Any structure that is:
      (1)   Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
      (2)   Certified or preliminarily determined by the Secretary of the Interior as contributing to the historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
      (3)   Individually listed on the state inventory of historic places by the State Historic Preservation Agency; and/or
      (4)   Individually listed on a local inventory of historic places that has been certified by the State Historic Preservation Agency.
   IDNR/OWR. The Illinois Department of Natural Resources/Office of Water Resources.
   LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building’s LOWEST FLOOR; provided that, such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of § 156.21 of this chapter.
   MANUFACTURED HOME. A structure transportable in one or more sections, that is built on a permanent chassis and is designed to be used with or without a permanent foundation when connected to required utilities.
   MANUFACTURED HOME PARK OR SUBDIVISION. A parcel (or contiguous parcels) of land divided into two or more lots for rent or sale.
   NEW CONSTRUCTION. Structures for which the start of construction commenced or after the effective date of floodplain management regulations adopted by a community and includes any subsequent improvements of such structures.
   NEW MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed or buildings to be constructed (including, at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the floodplain management regulations adopted by a community.
   NFIP. National Flood Insurance Program.
   RECREATIONAL VEHICLE OR TRAVEL TRAILER. A vehicle which is:
      (1)   Built on a single chassis;
      (2)   Four hundred square feet or less in size; and
      (3)   Designed to be self-propelled or permanently towable by a light duty truck and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
   REPETITIVE LOSS. Flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds 25% of the market value of the structure before the damage occurred.
   SFHA. See definition of FLOODPLAIN.
   START OF CONSTRUCTION. Includes substantial improvement and means the date the building permit was issued. This, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement, was within 180 days of the permit date. The actual START means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation or placement of a manufactured home on a foundation. For a substantial improvement, actual START OF CONSTRUCTION means the first alteration of any wall, ceiling, floor or other structural part of a building whether or not that alteration affects the external dimensions of the building.
   STRUCTURE. See definition of BUILDING.
   SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the cumulative percentage of damage during the life of the building equals or exceeds 50% of the market value of the structure before the damage occurred regardless of actual repair work performed. Volunteer labor and materials must be included in this determination. The term includes “repetitive loss buildings”.
   SUBSTANTIAL IMPROVEMENT.
      (1)   Any reconstruction, rehabilitation, addition or improvement of a structure taking place during the life of the building in which the cumulative percentage of improvements:
         (a)   Equals or exceeds 50% of the market value of the structure before the improvement or repair is started; or
         (b)   Increases the floor area by more than 20%.
      (2)   SUBSTANTIAL IMPROVEMENT is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. This term includes structures which have incurred repetitive loss or substantial damage, regardless of the actual repair work done.
      (3)   The term does not include:
         (a)   Any project for improvement of a structure to comply with existing state or local Health, Sanitary or Safety Code specifications which are solely necessary to assure safe living conditions; or
         (b)   Any alteration of a structure listed on the National Register of Historic Places or the State Register of Historic Places.
   VIOLATION. The failure of a structure or other development to be fully compliant with the community’s floodplain management regulations. A structure or other development without the required federal, state and/or local permits and elevation certification is presumed to be in VIOLATION until such time as the documentation is provided.
(Prior Code, § 152.002) (Ord. 2004-010, passed - -; Ord. 2007-018, passed 6-4-2007)
§ 156.03 BASE FLOOD ELEVATION.
   (A)   This chapter’s protection standard is the base flood. The best available base flood data are listed below. Whenever a party disagrees with the best available data, the party shall finance the detailed engineering study needed to replace the existing data with better data and submit it to the FEMA and IDNR/OWR for approval prior to any development of the site.
   (B)   The base flood elevation for the floodplains of applicable rivers, creeks and streams shall be as delineated on the 100-year flood profiles in the countywide flood insurance study of the county prepared by the Federal Emergency Management Agency in 2007.
   (C)   The base flood elevation for each floodplain delineated as an “AH Zone” or “AO Zone” shall be that elevation (or depth) delineated on the countywide flood insurance rate map of the county.
   (D)   The base flood elevation for each of the remaining floodplains delineated as an “A Zone” on the countywide flood insurance rate map of the county shall be according to the best data available from federal, state or other sources. Should no other data exist, an engineering study must be financed by the applicant to determine base flood elevations.
   (E)   The base flood elevation for the floodplains of those parts of the unincorporated county that are within the extraterritorial jurisdiction of the village or that may be annexed into the village shall be as delineated on the 100-year flood profiles in the flood insurance study of the county prepared by the Federal Emergency Management Agency and dated 2007.
(Prior Code, § 152.003) (Ord. 2004-010, passed - -; Ord. 2007-018, passed 6-4-2007)
§ 156.04 DUTIES OF THE ZONING ADMINISTRATOR.
   (A)   The Zoning Administrator shall be responsible for the general administration of this chapter and ensure that all development activities within the floodplains under the jurisdiction of the village meet the requirements of this chapter.
   (B)   Specifically, the Zoning Administrator shall:
      (1)   Process development permits in accordance with § 156.05 of this chapter;
      (2)   Ensure that all development in a floodway (or a floodplain with no delineated floodway) meets the damage prevention requirements of § 156.20 of this chapter;
      (3)   Ensure that the building protection requirements for all buildings subject to § 156.21 of this chapter are met and maintain a record of the “as-built” elevation of the lowest floor (including basement) or floodproof certificate;
      (4)   Assure that all subdivisions and annexations meet the requirements of § 156.22 of this chapter;
      (5)   Ensure that water supply and waste disposal systems meet the public health standards of § 156.23 of this chapter;
      (6)   If a variance is requested, ensure that the requirements of § 156.06 of this chapter are met and maintain documentation of any variances granted;
      (7)   Inspect all development projects and take any and all penalty actions outlined in § 156.99 of this chapter as are necessary to ensure compliance with this chapter;
      (8)   Assure that applicants are aware of and obtain any and all other required local, state and federal permits;
      (9)   Notify IDNR/OWR and any neighboring communities prior to any alteration or relocation of a watercourse;
      (10)   Provide information and assistance to citizens upon request about permit procedures and floodplain construction techniques;
      (11)   Cooperate with state and federal floodplain management agencies to coordinate base flood data and to improve the administration of this chapter;
      (12)   Maintain for public inspection base flood data, floodplain maps, copies of state and federal permits and documentation of compliance for development activities subject to this chapter;
      (13)   Perform site inspections to ensure compliance with this chapter and make substantial damage determinations for structures within the floodplain; and
      (14)   Maintain the accuracy of floodplain maps including notifying IDNR/OWR and/or submitting information to FEMA within six months whenever a modification of the floodplain may change the base flood elevation or result in a change to the floodplain map.
(Prior Code, § 152.004) (Ord. 2004-010, passed - -; Ord. 2007-018, passed 6-4-2007)
§ 156.05 DEVELOPMENT PERMIT.
   (A)   No person, firm, corporation or governmental body not exempted by law shall commence any development in the floodplain without first obtaining a development permit from the Zoning Administrator. The Zoning Administrator shall not issue a development permit if the proposed development does not meet the requirements of this chapter.
   (B)   The application for development permit shall be accompanied by:
      (1)   Drawings of the site, drawn to scale showing property line dimensions;
      (2)   Existing grade elevations and all changes in grade resulting from excavation or filling;
      (3)   The location and dimensions of all buildings and additions to buildings;
      (4)   The elevation of the lowest floor (including basement) of all proposed buildings subject to the requirements of § 156.21 of this chapter; and
      (5)   Cost of project or improvements as estimated by a licensed engineer or architect. A signed estimate by a contractor may also meet this requirement.
   (C)   (1)   Upon receipt of an application for a development permit, the Zoning Administrator shall compare the elevation of the site to the base flood elevation. Any development located on land that can be shown by the base flood elevation. Any development located on land that can be shown by survey data to be higher than the current base flood elevation and which has not been filled after the date of the site’s first flood insurance rate map is not in the floodplain and therefore not subject to the requirements of this chapter. Conversely, any development located on land shown to be below the base flood elevation and hydraulically connected, but not shown on the current flood insurance rate map, is subject to the provisions of this chapter.
      (2)   The Zoning Administrator 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 flood insurance rate map identification.
      (3)   The Zoning Administrator shall be responsible for obtaining from the applicant copies of all other federal, state and local permits, approvals or permit-not-required letters that may be required for this type of activity. The Zoning Administrator shall not issue a permit unless all other federal, state and local permits have been obtained.
(Prior Code, § 152.005) (Ord. 2004-010, passed - -; Ord. 2007-018, passed 6-4-2007)
§ 156.06 VARIANCES.
   (A)   Whenever the standards of this chapter place undue hardship on a specific development proposal, the applicant may apply to the village for a variance. The Zoning Board of Appeals shall review the applicant’s request for a variance and shall submit its recommendation to the Village Board. The Village Board may attach such conditions to granting of a variance as it deems necessary to further the intent of this chapter.
   (B)   No variance shall be granted unless the applicant demonstrates 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 relief requested is the minimum necessary;
      (4)   There will be no additional threat to public health, safety or creation of a nuisance;
      (5)   There will be no additional public expense for flood protection, rescue or relief operations, policing or repairs to roads, utilities or other public facilities;
      (6)   The applicant’s circumstances are unique and do not establish a pattern inconsistent with the intent of the NFIP; and
      (7)   All other state and federal permits have been obtained.
   (C)   The Zoning Board of Appeals shall notify an applicant in writing that a variance from the requirements of the building protections standards of § 156.21 of this chapter that would lessen the degree of protection to a building will:
      (1)   Result in increased premium rates for flood insurance up to $25 per $100 of insurance coverage;
      (2)   Increase the risk to life and property; and
      (3)   Require that the applicant proceed with knowledge of these risks and that the applicant acknowledge in writing the assumption of the risk and liability.
   (D)   Variances to the building protection requirements of § 156.21 of this chapter which are requested in connection with reconstruction, repair or alteration of a historic site or historic structure as defined in “historic structures”, may be granted using criteria more permissive than the requirements of §§ 156.20 and 156.21 of this chapter subject to the conditions that:
      (1)   The repair or rehabilitation is the minimum necessary to preserve the historic character and design of the structure; and
      (2)   The repair or rehabilitation will not result in the structure being removed as a certified historic structure.
(Prior Code, § 152.011) (Ord. 2004-010, passed - -; Ord. 2007-018, passed 6-4-2007)
§ 156.07 DISCLAIMER OF LIABILITY.
   (A)   The degree of 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 human-made or natural causes.
   (B)   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 proper reliance on this chapter or any administrative decision made lawfully thereunder.
(Prior Code, § 152.012) (Ord. 2004-010, passed - -; Ord. 2007-018, passed 6-4-2007)
§ 156.08 ABROGATION AND GREATER RESTRICTIONS.
   (A)   This chapter repeals and replaces other chapters adopted by the village to fulfill the requirements of the National Flood Insurance Program. However, this chapter does not repeal the original resolution or chapter adopted to achieve eligibility in the program.
   (B)   Nor does this chapter repeal, abrogate or impair any existing easements, covenants or deed restrictions.
   (C)   Where this chapter and other chapter easements, covenants or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(Prior Code, § 152.014) (Ord. 2004-010, passed - -; Ord. 2007-018, passed 6-4-2007)
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