§ 151.475 PURPOSE.

   This subchapter is enacted pursuant to the police powers granted to the village's Municipal Code, under ILCS Ch. 65, Act 5, §§ 1-2-1, 11-12-12, 11-30-2, 11-30-8 and 11-31-2, in order to accomplish the following purposes:

   (A)   To prevent unwise developments from increasing flood or drainage hazards to others;

   (B)   To protect new buildings and major improvements to buildings from flood damage;

   (C)   To promote and protect the public health, safety and general welfare of the citizens from the hazards of flooding;

   (D)   To lessen the burden on the taxpayer for flood control, repairs to public facilities and utilities and flood rescue and relief operations;

   (E)   To maintain property values and a stable tax base by minimizing the potential for creating blight areas;

   (F)   To make federally subsidized flood insurance available; and

   (G)   To preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and storm water impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development.

§ 151.476 DEFINITIONS.

   For the purpose of this subchapter, the following definitions 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 § 151.477.

   BASE FLOOD ELEVATION (BFE). The elevation in relation to mean sea level of the crest of the base flood.

   BUILDING. A structure that is principally above ground and is enclosed by walls and a roof 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. Any public or private facility which, if flooded, would create an added dimension to the disaster or would increase the hazard to life and health. Examples are public buildings, emergency operations and communication centers, health care facilities and nursing homes, schools and toxic waste treatment, handling or storage facilities.

   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 than 180 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;

         (g)   Storage of materials including the placement of gas and liquid storage tanks; and

         (h)   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 filling, grading or construction of levees.

   FEMA. 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 PROTECTION ELEVATION or 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). 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 the countywide Flood Insurance Rate Map of St. Clair County prepared by the Federal Emergency Management Agency and dated 11-5-2003. FLOODPLAIN also includes those areas of known flooding as identified by the community.

   FLOODPROOFING. Any combination of structural or nonstructural 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 FLOODWAYS for the floodplains of Richland, Loop and Silver Creeks shall be as delineated on the countywide Flood Insurance Rate Map of St. Clair County prepared by FEMA and dated 11-5-2003. The FLOODWAYS for each of the remaining floodplains of the village shall be according to the best data available from federal, state or other sources.

   IDNR/OWR. Illinois Department of Natural Resources/Office of Water Resources.

   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.

   NFIP. National Flood Insurance Program.

   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.

   SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damage condition would equal or exceed 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.

   SUBSTANTIAL IMPROVEMENT. Any reconstruction, rehabilition, addition or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the improvement or repair is started. 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. The term does not, however, include either:

      (1)   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

      (2)   Any alteration of a structure listed on the National Register of Historic Places or the Illinois Register of Historic Places.

   TRAVEL TRAILER (or RECREATIONAL VEHICLE). A vehicle which is:

      (1)   Built on a single chassis;

      (2)   Four hundred square feet or less in size;

      (3)   Designed to be self-propelled or permanently towable by a light duty truck; and

      (4)   Designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use.

§ 151.477 BASE FLOOD ELEVATION.

   (A)   This subchapter'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 Richland, Loop and Silver Creeks shall be as delineated on the 100-year flood profiles in the countywide Flood Insurance Study of St. Clair County prepared by the Federal Emergency Management Agency and 11-5-2003.

   (C)   The base flood elevation for each floodplain delineated as an "Ali Zone" or "AO Zone" shall be that elevation (or depth) delineated on the countywide Flood Insurance Rate Map of St. Clair County dated 11-5-2003.

   (D)   The base flood elevation for each of the remaining floodplains delineated as an "A Zone" on the countywide Flood Insurance Rate Map of St. Clair 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 to determine base flood elevations.

   (E)   The base flood elevation for the floodplains of those parts of unincorporated St. Clair 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 of the countywide Flood Insurance Study of St. Clair County prepared by the Federal Emergency Management Agency and dated 11-5-2003.

§ 151.478 DUTIES OF THE VILLAGE STAFF.

   (A)   The village staff shall be responsible for the general administration of this subchapter and ensure that all development activities within the floodplains under the jurisdiction of the village meet the requirements of this subchapter.

   (B)   Specifically, the village staff shall:

      (1)   Process development permits in accordance with § 151.480;

      (2)   Ensure that all development in a floodway (or a floodplain with no delineated floodway) meets the damage prevention requirements of § 151.479;

      (3)   Ensure that the building protection requirements for all buildings subject to § 151.481 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 § 151.482;

      (5)   Ensure that water supply and waste disposal systems meet the public health standards of § 151.483;

      (6)   If a variance is requested, ensure that the requirements of § 151.484 are met and maintain documentation of any variances granted;

      (7)   Inspect all development projects and take any and all actions outlined in § 151.486 as necessary to ensure compliance with this subchapter;

      (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 subchapter;

      (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 subchapter;

      (13)   Perform site inspections to ensure compliance with this subchapter 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.

§ 151.479 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 village staff.

   (B)   The village staff shall not issue a development permit if the proposed development does not meet the requirements of this subchapter.

      (1)   The application for development permit shall be accompanied by:

         (a)   Drawings of the site, drawn to scale showing property line dimensions;

         (b)   Existing grade elevations and all changes in grade resulting from excavation or filling;

         (c)   The location and dimensions of all buildings and additions to buildings;

         (d)   The elevation of the lowest floor (including basement) of all proposed buildings subject to the requirements of § 151.481;

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

         (f)   A calculation verifying that compensatory storage has been provided for any activity in the floodplain. Calculations shall be accompanied by a chart indicating cuts and fills proposed in the floodplain. No fill can be placed in the floodplain unless an equal amount of material is removed from the floodplain. Removal to be done in a manner to ensure the net effect to water storage is zero.

      (2)   Upon receipt of an application for a development permit, the village staff 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. The village staff 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.