§ 154.614 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 Director of the County Department of Zoning and Building Safety.

   (B)   The Director of the County Department of Zoning and Building Safety shall not issue a development permit if the proposed development does not meet the requirements of this subchapter.

   (C)   The application for a 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 § 154.616; and

      (5)   Cost of project or improvements as estimated by a licensed engineer or architect. A signed estimate by a registered contractor may also meet this requirement.

   (D)   (1)   Upon receipt of an application for a development permit, the Director of the County Department of Zoning and Building Safety shall compare the elevation of the site to 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 subchapter. 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 subchapter.

      (2)   The Director of the County Department of Zoning and Building Safety 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)   (a)   The Director of the County Department of Zoning and Building Safety 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.

         (b)   The Director of the County Department of Zoning and Building Safety shall not issue a permit unless all other federal, state, and local permits have been obtained.

   (E)   (1)   A signed non-conversion agreement shall be recorded in the public records prior to issuance of the certificate of occupancy or certificate of completion for the following:

         (a)   An enclosure below an elevated building;

         (b)   A crawl/underfloor space that are more than four feet in height (measured from the lowest interior grade or floor to the bottom of the floor system above); and

         (c)   A detached structure that is not elevated and is larger than 70 square feet in area.

      (2)   (a)   This agreement shall state that the enclosed area below FPE shall not be converted for use other than for parking, building access or for allowable storage as detailed in this subchapter and verified with annual inspections.

         (b)   The applicant agrees to notify prospective purchasers of the existence of the non-conversion agreement.

   (F)   Established procedures for administering and documenting determinations, as outlined below, of substantial improvement and substantial damage.

      (1)   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.

      (2)   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.

      (3)   Determine and document whether the proposed work constitutes substantial improvement or substantial damage.

      (4)   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 this subchapter.

      (5)   A form shall be used to document the actual calculations for projects and may be required to be recorded in the County Recorder office if the improvements exceed 20%.

(Ord. passed 5-16-2023)

§ 154.615 PREVENTING INCREASED FLOOD HEIGHTS AND RESULTING DAMAGES.

   Within any floodway identified on the countywide flood insurance rate map, and within all other floodplains where a floodway has not been delineated, the following standards shall apply:

   (A)   Except as provided in division (B) below, no development shall be allowed which, acting in combination with existing and anticipated development will cause any increase in flood heights or velocities, or threat to public health and safety. The following specific development activities shall be considered as meeting this requirement:

      (1)   Bridge and culvert crossings of streams in rural areas meeting the following conditions of the Illinois Department of Natural Resources, Office of Water Resources Statewide Permit Number 2:

         (a)   The crossing will not result in an increase in water surface profile elevation in excess of one foot;

         (b)   The crossing will not result in an increase in water surface profile elevation in excess of one-half foot at a point 1,000 feet upstream of the proposed structure;

         (c)   There are no buildings in the area impacted by the increases in water surface profile;

         (d)   The proposed bridge or culvert crossing will not involve straightening, enlarging, or relocating the existing channel;

         (e)   The design must be certified by a licensed professional engineer in the state and the designs must meet the conditions of an IDNR/OWR permit; and

         (f)   The design must be certified by a second licensed professional engineer.

      (2)   Barge fleeting facilities meeting the following conditions of IDNR/OWR Statewide Permit Number 3: The permit is only applicable when deadmen, pier cells, or other similar anchorage devices that have been permitted by the U.S. Army Corps of Engineers;

      (3)   Aerial utility crossings meeting the following conditions of IDNR/OWR Statewide Permit Number 4:

         (a)   The utility line must be constructed above the existing 100-year flood elevation or attached to an existing bridge;

         (b)   A utility line attached to an existing bridge shall be constructed above the low cord elevation of the bridge;

         (c)   No supporting towers or poles shall be located in a river, lake, or stream;

         (d)   Supporting towers including foundation and poles shall be designed and located so as to not cause an obstruction of flood flows by trapping debris;

         (e)   All disturbed areas shall be returned to pre-construction grades and re-vegetated; and

         (f)   All State Commerce Commission, National Electrical Safety Code, and federal requirements must be met.

      (4)   Minor boat docks meeting the following conditions of IDNR/OWR Statewide Permit Number 5:

         (a)   The boat dock must not extend more than 50 feet into a waterway and no more than one-fourth of the width of the waterway and shall not extend beyond the navigational limited established by the IDNR and Corps of Engineers;

         (b)   The width of the boat dock shall not be more than ten feet;

         (c)   For L-shaped or T-shaped docks, the length of that portion parallel to the shoreline must not exceed 50% of the landowner’s shoreline frontage, nor 50 feet;

         (d)   Docks must be aligned so as not to cross the projection of property lines into the waterway or come within ten feet of the projected property line;

         (e)   Dock posts must be marked by reflective devices;

         (f)   The boat dock must be securely anchored to prevent detachment during times of high wind or water;

         (g)   Metal drums or containers may not be used as buoyancy units unless they are filled with floatation foam. Containers which previously stored pesticides, herbicides, or any other toxic chemicals are not permissible;

         (h)   This permit does not authorize any other related construction activity such as shore protection or fill;

         (i)   Non-floating boat docks must be constructed in a manner which will minimize obstruction to flow; and

         (j)   At any future date, the permittee must agree to make necessary modifications to the dock as determined by the IDNR or Corp of Engineers.

      (5)   Minor, non-obstructive activities meeting the following conditions of IDNR/OWR Statewide Permit Number 6: The following activities (not involving fill or positive change in grade) are covered by this permit:

         (a)   The construction of underground utility lines, wells, or septic tanks not crossing a lake or stream;

         (b)   The construction of light poles, sign posts, and similar structures;

         (c)   The construction of sidewalks, driveways, athletic fields (excluding fences), patios, and similar structures;

         (d)   The construction of properly anchored, unwalled, open structures such as playground equipment, pavilions, and carports;

         (e)   The placement of properly anchored buildings not exceeding 70 square feet in size, nor ten square feet in any dimension. Only one such building on a property is authorized by this statewide permit and this subchapter; and

         (f)   The raising of existing buildings, provided no changes are made to the outside dimensions of the building and the placement of fill is not involved.

      (6)   Outfall structures and drainage ditch outlets meeting the following conditions of IDNR/OWR Statewide Permit Number 7:

         (a)   Any outfall structure, including any headwall or end-section, shall not extend riverward or lakeward of the existing adjacent natural bank slope or adjacent bank protection;

         (b)   The velocity of the discharge shall not exceed the scour velocity of the channel soil, unless channel erosion would be prevented by the use of riprap or other design measures;

         (c)   Outlets from drainage ditches shall not be opened to a stream until the ditch is vegetated or otherwise stabilized to minimize stream sedimentation; and

         (d)   Disturbance of streamside vegetation shall be kept to a minimum during construction to prevent erosion and sedimentation. All disturbed floodway areas, including the stream banks, shall be restored to their original contours and seeded or otherwise stabilized upon completion of construction.

      (7)   Underground pipeline and utility crossings meeting the conditions of IDNR/OWR Statewide Permit Number 8:

         (a)   In all cases, the crossing shall be placed beneath the bed of the river, lake, or stream and, unless the crossing is encased in concrete or entrenched in bedrock, a minimum of three feet of cover shall be provided. The river, lake, or stream bed shall be returned to its original condition;

         (b)   1.   Disturbance of streamside vegetation shall be kept to a minimum during construction to prevent erosion and sedimentation.

            2.   All disturbed floodway areas, including stream banks, shall be restored to their original contours and seeded, or otherwise stabilized upon completion of construction;

         (c)   Any utility crossing carrying material which may cause water pollution, as defined by the Environmental Protection Act (415 ILCS 5), shall be provided with shutoff valves on each side of the body of water to be crossed; and

         (d)   If blasting is to be utilized in the construction of the crossing, the permittee shall notify the IDNR/OWR at least ten days prior to the blasting date to allow monitoring of any related fish kills.

      (8)   Bank stabilization projects meeting the conditions of IDNR/OWR Statewide Permit Number 9:

         (a)   Only the following materials may be utilized in urban areas: stone and concrete riprap, steel sheet piling, cellular blocks, fabric-formed concrete, gabion baskets, rock and wire mattresses, sand/cement filled bags, geotechnical fabric materials, natural vegetation, and treated timber. URBAN AREAS are defined as areas of the state where residential, commercial, or industrial development currently exists or, based on land use plans or controls, is expected to occur within ten year (the Department should be consulted if there is a question of whether or not an area is considered urban);

         (b)   In addition to the materials listed in division (A)(8)(a) above, other materials (for example, tire revetments) may be utilized in rural areas, provided all other conditions of this permit are met;

         (c)   The following materials shall not be used in any case: auto bodies, garbage of debris, scrap lumber, metal refuse, roofing materials, asphalt or other bituminous materials, or any material which would cause water pollution as defined by the Environmental Protections Act (415 ILCS 5);

         (d)   The affected length of shoreline, stream bank, or channel to be protected shall not exceed, either singularly or cumulatively, 1,000 feet;

         (e)   All material utilized shall be properly sized or anchored to resist anticipated forces of current and wave action;

         (f)   Materials shall be placed in a way which would not cause erosion or the accumulation of debris on properties adjacent to or opposite the project;

         (g)   Materials shall not be placed higher than the existing top of the bank;

         (h)   1.   Materials shall be placed so that the modified bank full-width and cross-sectional area of the channel will conform to or be no more restrictive than that of the natural channel upstream and downstream of the site.

            2.   For projects involving continuous placement of riprap along the bank, toe of the bank, or other similar applications, in no case shall the cross-sectional area of the natural channel be reduced by more than 10% nor the volume of material placed exceed two cubic yards per lineal foot of the stream bank or shoreline. The bank may be graded to obtain a flatter slope and to lessen the quantity of material required.

         (i)   If broken concrete is used, all protruding materials such as reinforcing rods shall be cut flush with the surface of the concrete and removed from the construction area and pieces of said concrete shall have no dimension wider than 12 inches;

         (j)   Disturbance of vegetation shall be kept to a minimum during construction to prevent erosion and sedimentation. All disturbed areas shall be seeded or otherwise stabilized upon completion of construction;

         (k)   In the case of seawalls and gabion structures on lakes, the structure shall be constructed at or landward of the water line as determined by the normal pool elevation, unless:

            a.   It is constructed in alignment with an existing seawall(s) or gabion structure(s); and

            b.   The volume of material placed, including the structure, would not exceed two cubic yards per lineal foot.

         (l)   Excess material excavated during the construction of the bank or shoreline protection shall be placed in accordance with local, state, and federal laws and rules, shall not be placed in a floodway.

      (9)   Accessory structures and additions to existing residential buildings meeting the conditions

of IDNR/OWR Statewide Permit Number 10:

         (a)   The accessory structure or building addition must comply with the requirements of the local floodplain ordinance;

         (b)   The principle structure to which the project is being added must have been in existence on the effective date of this permit (July 25, 1988);

         (c)   The accessory structure or addition must not exceed 500 square feet in size and must not deflect floodwaters onto another property;

         (d)   Must not involve the placement of any fill material;

         (e)   No construction shall be undertaken in, or within, 50 feet of the bank of the stream channel;

         (f)   The accessory structure or addition must be properly anchored to prevent its movement during flood conditions;

         (g)   Only one accessory structure or addition to an existing structure shall be authorized by this permit; plans for any subsequent addition must be submitted to IDNR/OWR for review; and

         (h)   1.   Disturbances of vegetation shall be kept to a minimum during construction to prevent erosion and sedimentation.

            2.   All disturbed floodway areas shall be seeded or otherwise stabilized upon completion of construction.

      (10)   Minor maintenance dredging activities meeting the following conditions of IDNR/OWR Statewide Permit Number 11:

         (a)   The affected length of the stream shall not either singularly or cumulatively exceed 1,000 feet;

         (b)   The project shall not include the construction of any new channel; all work must be confined to the existing channel or to reestablishing flows in the natural stream channel;

         (c)   The cross-sectional area of the dredged channel shall conform to that of the natural channel upstream and downstream of the site;

         (d)   Dredged or spoil material shall not be disposed of in a wetland and shall be either:

            1.   Removed from the floodway;

            2.   Used to stabilize an existing bank provided no materials would be placed higher than the existing top of bank and provided the cross-sectional area of the natural channel would not be reduced by more than 10%, nor the volume of material placed exceed two cubic yards per lineal foot of streambank;

            3.   Used to fill an existing washed out or scoured floodplain area such that the average natural floodplain elevation is not increased;

            4.   Used to stabilize and existing levee provided the height of the levee would not be increased nor its alignment changed;

            5.   Placed in a disposal site previously approved by the Department in accordance with the conditions of the approval; or

            6.   Used for beach nourishment, provided the material meets all applicable water quality standards.

         (e)   Disturbance of streamside vegetation shall be kept to a minimum during construction to prevent erosion and sedimentation. All disturbed floodway areas, including the stream banks, shall be seeded or otherwise stabilized upon completion of construction.

      (11)   Bridge and culvert replacement structures and bridge widening meeting the following

conditions of IDNR/OWR Statewide Permit Number 12:

         (a)   A licensed professional engineer shall determine and document that the existing structure has not been the cause of demonstrable flood damage. Such documentation shall include, at a minimum, confirmation that:

            1.   No buildings or structures have been impacted by the backwater induced by the existing structure; and

            2.   There is no record of complaints of flood damages associated with the existing structure.

         (b)   A licensed professional engineer shall determine that the new structure will provide the same or greater effective waterway opening as the existing structure. For bridge widening projects, the existing piers and the proposed pier extensions must be in line with the direction of the approaching flow upstream of the bridge;

         (c)   The project shall not include any appreciable raising of the approach roads (this condition does not apply if all points on the approaches exist at an elevation equal to or higher than the 100-year frequency flood headwater elevation as determined by a FEMA flood insurance study completed or approved by IDNR/OWR);

         (d)   The project shall not involve the straightening, enlargement, or relocation of the existing channel of the river or stream except as permitted by the Department’s Statewide Permit Number 9 (minor shoreline, channel, and streambank protection activities) or Statewide Permit Number 11 (minor maintenance dredging activities); and

         (e)   The permittee shall maintain records of projects authorized by this permit necessary to document compliance with the above conditions.

      (12)   Temporary construction activities meeting the following conditions of IDNR/OWR Statewide Permit Number 13:

         (a)   No temporary construction activity shall be commenced until the individual permittee determines that the permanent structure (if any) for which the work is being performed has received all required federal, state, and local authorizations;

         (b)   1.   The term TEMPORARY shall mean not more than one construction season.

            2.   All temporary construction materials must be removed from the stream and floodway within one year of their placement and the area returned to the conditions existing prior to the beginning of construction. Any desired subsequent or repetitive material placement shall not occur without the review and approval of the IDNR/OWR;

         (c)   The temporary project shall be constructed such that it will not cause erosion or damage due to increases in water surface profiles to adjacent properties. For locations where there are structures in the upstream floodplain, the temporary project shall be constructed such that all water surface profile increases due to the temporary project are contained within the channel banks;

         (d)   This permit does not authorize the placement or construction of any solid embankment or wall such as a dam, roadway, levee, or dike across any channel or floodway;

         (e)   No temporary structure shall be placed within any river or stream channel until a licensed professional engineer determines and documents that the temporary structure will meet the requirements of Special Condition Number 3 of this statewide permit. Such documentation shall include, at a minimum, confirmation that no buildings or structures will be impacted by the backwater induced by the temporary structure;

         (f)   The permittee shall maintain records of projects authorized by this permit necessary to document compliance with the above condition;

         (g)   Disturbance of vegetation shall be kept to a minimum during construction to prevent erosion and sedimentation. All disturbed areas shall be seeded or otherwise stabilized upon completion of the removal of the temporary construction; and

         (h)   Materials used for the project shall not cause water pollution as defined by the Environmental Protection Act (415 ILCS 5).

      (13)   Any development determined by IDNR/OWR to be located entirely within a flood fringe area shall be exempt from state floodway permit requirements.

   (B)   Other development activities not listed in division (A) above may be permitted only if:

      (1)   A permit has been issued for the work by IDNR/OWR (or written documentation is provided that an IDNR/OWR permit is not required); or

      (2)   Sufficient data has been provided to FEMA when necessary, and approval obtained from FEMA for a revision of the regulatory map and base flood elevation.

(Ord. passed 5-16-2023)

§ 154.616 PROTECTING BUILDINGS.

   (A)   In addition to the damage prevention requirements of § 154.615, 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 over the life of the structure. If substantially improved, the entire structure must meet the flood protection standards of this section;

      (3)   Repairs made to a substantially damaged building. These repairs shall be figured cumulatively over a ten-year period ending on the date of the last damage event. 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;

      (5)   Installing a travel trailer or recreational vehicle on a site for more than 180 days per year;

      (6)   Damage to a repetitive loss structures as defined in § 154.611;

      (7)   An exception would be an existing post-FIRM structure may be rebuilt with the first finished floor at greater than one foot above the base flood elevation, provided all of the following conditions are met:

         (a)   The structure is 100% compliant with all other flood damage prevention provisions of this subchapter prior to the damage event;

         (b)   The first finished floor is shown to be one foot or more above the base flood elevation by a fully executed elevation certificate;

         (c)   Said damage is caused by a non-flood event; and

         (d)   The first finished floor structural members including sheathing and the foundation will require no repairs during reconstruction.

   (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 incorporated debris or refuse material; and

         (e)   Shall not adversely affect the flow of surface drainage from or onto neighboring properties and when necessary stormwater 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 floodwaters;

         (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. All structural and non-structural materials at or below the flood protection elevation must be flood resistant materials consistent with FEMA standards;

         (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 floodwaters. 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. If engineered openings are used, a copy of the International Code Council evaluation report is required. This report shall reference the model number of the vents used, specifies the number of vents required for a specific area size located below the BFE, and lists installation requirements; 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.

         (e)   Enclosed areas below elevated buildings and structures shall comply with the requirements of county codes, shall be limited to parking of vehicles, storage, and building access, and shall comply with the following:

            1.   Access to the enclosed area shall be the minimum necessary to allow for:

               a.   Parking of vehicles (garage doors);

               b.   Limited storage of maintenance equipment used in connection with the premises (one double door set); and

               c.   Main entrance to the structure.

            2.   The interior portion of such enclosed area shall not be temperature-controlled by a permanently mounted air-conditioner or connected the HVAC system;

            3.   No areas are shall be partitioned within the enclosed area, only structural walls are allowed;

            4.   All construction below the lowest floor shall be built with flood damage-resistant materials consistent with ASCE 24 Flood Resistant Design and Construction;

            5.   Section 154.614(C) regarding a non-conversion agreement; and

            6.   The area enclosed below the base flood elevation shall not be used for human habitation. Bathrooms are not allowed.

      (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)   1.   Any enclosed area below the flood protection elevation shall have openings that equalize hydrostatic pressures by allowing for the automatic entry and exit of floodwaters.

            2.   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. If engineered openings are used, a copy of the International Code Council evaluation report is required. This report shall reference the model number of the vents used, specifies the number of vents required for a specific area size located below the BFE, and lists installation requirements;

         (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 floodwaters 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 watertight 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. Adm. 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 and used solely for recreation, camping, travel, or seasonal use, and not as a permanent dwelling;

      (5)   The vehicle with all area expansions extended 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 permanently attached so as to be safe for movement out of the floodplain;

      (8)   Propane tanks and 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)   The vehicle 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 used 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. If engineered openings are used, a copy of the International Code Council evaluation report is required. This report shall reference the model number of the vents used, specifies the number of vents required for a specific area size located below the BFE, and lists installation requirements;

      (8)   The garage or shed must be less than $15,000 in market value or replacement cost whichever is greater or less than 576 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.

(Ord. passed 5-16-2023)

§ 154.617 SUBDIVISION REQUIREMENTS.

   (A)   The County Board shall take into account hazards, to the extent that they are known, in all official actions related to land management use and development.

   (B)   (1)   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 §§ 154.615 and 154.616.

      (2)   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 licensed 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).

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.

(Ord. passed 5-16-2023)

§ 154.618 PUBLIC HEALTH AND OTHER STANDARDS.

   (A)   Public health standards must be met for all floodplain development, in addition to the requirements of §§ 154.615 and 154.616.

   (B)   The following standards apply:

      (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 § 154.616;

      (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 floodwaters into the systems and discharges from the systems into floodwaters;

      (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 above ground openings located below the flood protection elevation shall be watertight;

      (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 floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities; and

      (6)   All other activities defined as development shall be designed so as not to alter flood flows or increase potential flood damages.

(Ord. passed 5-16-2023)

§ 154.619 CARRYING CAPACITY, NOTIFICATION.

   (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 county shall notify adjacent communities in writing 30 days prior to the issuance of a permit for the alteration or relocation of the watercourse.

(Ord. passed 5-16-2023)

§ 154.620 VARIANCES.

   Whenever the standards of this chapter place undue hardship on a specific development proposal, the applicant may apply to the County Zoning Board of Appeals for a variance. The Zoning Board of Appeals shall be the final decision making entity, subject to the appeals process outlined in § 154.021. The Zoning Board of Appeals may attach such conditions to the granting of a variance as it deems necessary to further the intent of this chapter.

   (A)   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 must be obtained.

   (B)   The County Zoning Board of Appeals shall cause to notify an applicant in writing that a variance from the requirements of the building protections standards of § 154.616 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.

   (C)   Variances to the building protection requirements of § 154.616 which are requested in connection with reconstruction, repair, or alteration of a historic site or historic structure as defined herein may be granted using criteria more permissive than the requirements of §§ 154.615 and 154.616, 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.

   (D)   Any variance granted for an agricultural structure shall be decided individually based on a case-by-case analysis of the building’s unique circumstances. Variances granted shall meet the following conditions as well as those criteria and conditions set forth in this chapter. In order to minimize flood damages during the 100-year flood and the threat to public health and safety, the following conditions shall be included for any variance issued for agricultural structures that are constructed at-grade and wet-floodproofed. (See also FEMA Policy #104-008-03.)

      (1)   (a)   All agricultural structures considered for a variance from the floodplain management regulations of this chapter shall demonstrate that the varied structure is located in wide, expansive floodplain areas and no other alternate location outside of the special flood hazard area exists for the agricultural structure.

         (b)   Residential structures or animal confinement facilities, such as farmhouses, cannot be considered agricultural structures.

      (2)   Use of the varied structures must be limited to agricultural purposes in Zone A only as identified on the community’s flood insurance rate map (FIRM).

      (3)   For any new or substantially damaged agricultural structures, the exterior and interior building components and elements (for example, foundation, wall framing, exterior and interior finishes, flooring, and the like) below the base flood elevation, must be built with flood-resistant materials in accordance with § 154.615.

      (4)   (a)   The agricultural structures must be adequately anchored to prevent flotation, collapse, or lateral movement of the structures in accordance with § 154.616.

         (b)   All of the building’s structural components must be capable of resisting specific flood-related forces, including hydrostatic, buoyancy, and hydrodynamic and debris impact forces.

      (5)   Any mechanical, electrical, or other utility equipment must be located above the base flood elevation or floodproofed so that they are contained within a watertight, floodproofed enclosure that is capable of resisting damage during flood conditions in accordance with § 154.616.

      (6)   The NFIP requires that enclosure or foundation walls, subject to the 100-year flood, contain openings that will permit the automatic entry and exit of floodwaters in accordance with § 154.616(B)(2)(c).

      (7)   The agricultural structures must comply with the floodplain management floodway provisions of § 154.615. No variances may be issued for agricultural structures within any designated floodway.

      (8)   Wet-floodproofing construction techniques must be reviewed and approved by the Floodplain Administrator and a registered professional engineer or architect prior to the issuance of any floodplain development permit for construction.

(Ord. passed 5-16-2023)