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§ 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)
§ 156.09 SEVERABILITY.
   The provisions and sections of this chapter shall be deemed separable and the invalidity of any portion of this chapter shall not affect the validity of the remainder.
(Prior Code, § 152.015) (Ord. 2004-010, passed - -; Ord. 2007-018, passed 6-4-2007)
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