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(A) In addition to the damage prevention requirements of § 156.20 of this chapter, all buildings located in the floodplain shall be protected from flood damage below the flood protection elevation. This building protection requirement applies to the following situations:
(1) 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;
(2) Substantial improvements or structural alterations made to an existing building that increase the floor area by more than 20% or equal or exceed the market value by 50%. Alteration shall be figured cumulatively during the life of the building. If substantially improved, the existing structure and the addition must meet the flood protection standards of this section;
(3) Repairs made to a substantially damaged building. These repairs shall be figured cumulatively during the life of the building. If substantially damaged, the entire structure must meet the flood protection standards of this section;
(4) Installing a manufactured home on a new site or a new manufactured home on an existing site. (The building protection requirements do not apply to returning a manufactured home to the same site it lawfully occupied before it was removed to avoid flood damage.);
(5) Installing a travel trailer or recreational vehicle on a site for more than 180 days per year; and
(6) Repetitive loss to an existing building as defined in § 156.02 of this chapter.
(B) Residential or non-residential buildings can meet the building protection requirements by one of the following methods:
(1) The building may be constructed on permanent land fill in accordance with the following:
(a) The lowest floor (including basement) shall be at or above the flood protection elevation;
(b) The fill shall be placed in layers no greater than six inches before compaction and should extend at least ten feet beyond the foundation before sloping below the flood protection elevation;
(c) The fill shall be protected against erosion and scour during flooding by vegetative cover, riprap or other structural measure;
(d) The fill shall be composed of rock or soil and not incorporate debris or refuse material; and
(e) Shall not adversely affect the flow of surface drainage from or onto neighboring properties and when necessary storm water management techniques such as swales or basins shall be incorporated.
(2) The building may be elevated on solid walls in accordance with the following:
(a) The building or improvements shall be elevated on stilts, piles, walls, crawlspace or other foundation that is permanently open to flood waters;
(b) The lowest floor and all electrical, heating, ventilating, plumbing and air conditioning equipment and utility meters shall be located at or above the flood protection elevation;
(c) If walls are used, all enclosed areas below the flood protection elevation shall address hydrostatic pressures by allowing the automatic entry and exit of flood waters. Designs must either be certified by a licensed professional engineer or by having a minimum of one permanent opening on each wall no more than one foot above grade with a minimum of two openings. 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 base flood elevation; and
(d) The foundation and supporting members shall be anchored, designed and certified so as to minimize exposure to hydrodynamic forces such as current, waves, ice and floating debris.
1. All structural components below the flood protection elevation shall be constructed of materials resistant to flood damage.
2. Water and sewer pipes, electrical and telephone lines, submersible pumps, and other service facilities may be located below the flood protection elevation provided they are waterproofed.
3. The area below the flood protection elevation shall be used solely for parking or building access and not later modified or occupied as habitable space.
4. In lieu of the above criteria, the design methods to comply with these requirements may be certified by a licensed professional engineer or architect.
(3) The building may be constructed with a crawlspace located below the flood protection elevation; provided that, the following conditions are met:
(a) The building must be designed and adequately anchored to resist flotation, collapse and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
(b) Any enclosed area below the flood protection elevation shall have openings that equalize hydrostatic pressures by allowing for the automatic entry and exit of flood waters. A minimum of one opening on each wall having a total net area of not less than one square inch per one square foot of enclosed area. The openings shall be no more than one foot above grade;
(c) The interior grade of the crawlspace below the flood protection elevation must not be more than two feet below the lowest adjacent exterior grade;
(d) 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;
(e) An adequate drainage system must be installed to remove flood waters from the interior area of the crawlspace within a reasonable period of time after a flood event;
(f) Portions of the building below the flood protection elevation must be constructed with materials resistant to flood damage; and
(g) Utility systems within the crawlspace must be elevated above the flood protection elevation.
(C) Non-residential buildings may be structurally dry floodproofed (in lieu of elevation); provided, a licensed professional engineer or architect certifies that:
(1) Below the flood protection elevation the structure and attendant utility facilities are water-tight and capable of resisting the effects of the base flood;
(2) The building design accounts for flood velocities, duration, rate of rise, hydrostatic and hydrodynamic forces, the effects of buoyancy and the impact from debris and ice;
(3) Floodproofing measures will be incorporated into the building design and operable without human intervention and without an outside source of electricity; and
(4) Levees, berms, floodwalls and similar works are not considered floodproofing for the purpose of this division (C).
(D) Manufactured homes or travel trailers to be permanently installed on-site shall be:
(1) Elevated to or above the flood protection elevation in accordance with division (B) above; and
(2) Anchored to resist flotation, collapse or lateral movement by being tied down in accordance with the rules and regulations for the State Mobile Home Tie-Down Act issued pursuant to 77 Ill. Admin. Code § 870.
(E) Travel trailers and recreational vehicles on-site for more than 180 days per year shall meet the elevation requirements of division (D) above unless the following conditions are met:
(1) The vehicle must be either self-propelled or towable by a light duty truck;
(2) The hitch must remain on the vehicle at all times;
(3) The vehicle must not be attached to external structures such as decks and porches;
(4) The vehicle must be designed solely for recreation, camping, travel or seasonal use rather than as a permanent dwelling;
(5) The vehicles largest horizontal projections must be no larger than 400 square feet;
(6) The vehicle’s wheels must remain on axles and inflated;
(7) Air conditioning units must be attached to the frame so as to be safe for movement of the floodplain;
(8) Propane tanks as well as electrical and sewage connections must be quick-disconnect and above the 100-year flood elevation;
(9) The vehicle must be licensed and titled as a recreational vehicle or park model; and
(10) Must either:
(a) Entirely be supported by jacks; or
(b) 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 hitch jack.
(F) Garages, sheds or other minor accessory structures constructed ancillary to an existing residential use may be permitted provided the following conditions are met:
(1) The garage or shed must be non-habitable;
(2) The garage or shed must be used only for the storage of vehicles and tools and cannot be modified later into another use;
(3) The garage or shed must be located outside of the floodway or have the appropriate state and/or federal permits;
(4) The garage or shed must be on a single-family lot and be accessory to an existing principle structure on the same lot;
(5) Below the base flood elevation, the garage or shed must be built of materials not susceptible to flood damage;
(6) All utilities, plumbing, heating, air conditioning and electrical must be elevated above the flood protection elevation;
(7) The garage or shed must have at least one permanent opening on each wall not more than one foot above grade with one square inch of opening for every one square foot of floor area;
(8) The garage or shed must be less than $10,000 in market value or replacement cost whichever is greater or less than 500 square feet;
(9) The structure shall be anchored to resist floatation and overturning;
(10) All flammable or toxic materials (gasoline, paint, insecticides, fertilizers and the like) shall be stored above the flood protection elevation; and
(11) The lowest floor elevation should be documented and the owner advised of the flood insurance implications.
(Prior Code, § 152.007) (Ord. 2004-010, passed - -; Ord. 2007-018, passed 6-4-2007)
(A) The village shall take into account hazards, to the extent that they are known, in all official actions related to land management use and development.
(B) New subdivisions, manufactured home parks, annexation agreements, planned unit developments and additions to manufactured home parks and subdivisions shall meet the damage prevention and building protections standards of §§ 156.20 and 156.21 of this chapter. Any proposal for such development shall include the following data:
(1) The base flood elevation and the boundary of the floodplain, where the base flood elevation is not available from an existing study, the applicant shall be responsible for calculating the base flood elevation;
(2) The boundary of the floodway when applicable; and
(3) A signed statement by a registered professional engineer that the proposed plat or plan accounts for changes in the drainage of surface waters in accordance with the Plat Act (765 ILCS 205/2).
(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.
(Prior Code, § 152.008) (Ord. 2004-010, passed - -; Ord. 2007-018, passed 6-4-2007)
(1) No development in the floodplain shall include locating or storing chemicals, explosives, buoyant materials, flammable liquids, pollutants or other hazardous or toxic materials below the flood protection elevation unless such materials are stored in a floodproofed and anchored storage tank and certified by a professional engineer or floodproofed building constructed according to the requirements of § 156.21 of this chapter;
(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 flood waters into the systems and discharges from the systems into flood waters;
(4) 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. Manholes or other aboveground openings located below the flood protection elevation shall be water-tight; and
(5) Construction of new or substantially improved 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 500-year flood frequency elevation or three feet above the level of the 100-year flood frequency elevation whichever is greater. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into flood waters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities.
(B) All other activities defined as development shall be designed so as not to alter flood flows or increase potential flood damages.
(Prior Code, § 152.009) (Ord. 2004-010, passed - -; Ord. 2007-018, passed 6-4-2007)
(A) For all projects involving channel modification, fill or stream maintenance (including levees), the flood-carrying capacity of the watercourse shall be maintained.
(B) 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.
(Prior Code, § 152.010) (Ord. 2004-010, passed - -; Ord. 2007-018, passed 6-4-2007)
(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 Zoning Board of Appeals may determine that a violation of the minimum standards of this chapter exists. The Zoning Board of Appeals shall notify the owner in writing of such violation.
(B) If such owner fails after ten-days’ notice to correct the violation:
(1) The village shall 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 $250, 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; and
(4) The village shall record a notice of violation on the title of the property.
(C) (1) The Zoning Board of Appeals 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.
(2) The Zoning Board of Appeals is authorized to issue an order requiring the suspension of the subject development. The stop work order shall be in writing, 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.
(3) No site development permit shall be permanently suspended or revoked until a hearing is held by the Zoning Board of Appeals. Written notice of such hearing shall be served on the permittee and shall state:
(a) The grounds for the complaint, reasons for suspension or revocation; and
(b) The time and place of the hearing.
(4) At such hearing, the permittee shall be given an opportunity to present evidence on his, her or their behalf. At the conclusion of the hearing, the Zoning Board of Appeals 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.
(Prior Code, § 152.013) (Ord. 2004-010, passed - -; Ord. 2007-018, passed 6-4-2007)