TITLE 12
FLOOD CONTROL
CHAPTER 1
FLOOD CONTROL AND STORMWATER MANAGEMENT
SECTION:
12-1-1: Adoption
12-1-2: Amendments
12-1-1: ADOPTION:
   A.   Adoption Of WCSMO: The Will County Stormwater Management Ordinance ("WCSMO"), as adopted by Will County on January 1, 2004 and most recently amended by Will County on November 15, 2018 and as hereafter amended or modified, is hereby adopted and shall apply in all areas of the Village. To the extent of any conflict between the regulations or provisions of the WCSMO and section 12-1-2 of this chapter, the more stringent regulation or provision shall apply. The Village shall further be bound by the rules and procedures of the Will County Stormwater Committee by which certification is granted or revoked, and County jurisdiction is reasserted over the enforcement of WCSMO within the boundaries of the Village.
   B.   Adoption Of Flood Insurance Study And Flood Insurance Rate Maps: While the WCSMO and the corresponding Kendall County Countywide Stormwater and Floodplain Ordinance includes a list of streams, maps, and stream profiles, the following Flood Insurance Rate Maps (FIRMs) apply specifically to the Village of Shorewood, as well as extraterritorial jurisdiction and areas that may be annexed. These FIRM maps include:
      1.   17093C0145H (Kendall County dated January 8, 2014).
      2.   17093C0225H (Kendall County dated January 8, 2014).
      3.   17197C0137G (Will County dated February 15, 2019).
      4.   17197C0139G (Will County dated February 15, 2019).
      5.   17197C0141G (Will County dated February 15, 2019).
      6.   17197C0143G (Will County dated February 15, 2019).
   C.   Flood Insurance Studies: The following Flood Insurance Studies which correspond to the above FIRMs apply specifically to the Village of Shorewood:
      1.   Will County, Illinois dated February 15, 2019 including the following creeks and rivers: DuPage River, Hammel Creek, Hammel Creek Tributary and Robin Hill Split Flow.
      2.   Kendall County, Illinois dated January 8, 2014. (Ord. 19-1926, 1-22-2019, eff. 2-15-2019)
12-1-2: AMENDMENTS:
   A.   That Section 55.005 "Definitions" of the WCSMO is hereby amended by deleting the definitions of "Flood Protection Elevation (FPE)", "Floodplain", "Regulatory Floodway" and "Substantial Improvement" and inserting the following in their place:
ADMINISTRATOR - The Village Administrator shall administer, implement and enforce this chapter; utilizing staff, consultant and other personnel as deemed necessary.
FLOOD PROTECTION ELEVATION (FPE) - The elevation of the base flood plus two (2) feet at any given location in the SFHA. Outside of the plan limits, the water table or 100-year design water surface elevation of any adjacent stormwater facility, whichever is higher, plus one (1) foot of freeboard.
FLOODPLAIN - That land typically adjacent to a body of water with ground surface elevations at or below the base flood with the 100-year frequency flood elevation. Floodplains may also include the detached, special flood hazard areas, ponding areas, etc. The floodplain is also known as the "special flood hazard area" (SFHA). The floodplains are those lands within the jurisdiction of the village that are subject to inundation by the base flood or 100-year frequency flood. The SFHAs of the village are generally identified as such on the flood insurance rate map for Will County, Illinois, and incorporated areas prepared by the Federal Emergency Management Agency and dated February 15, 2019, and as from time to time amended or updated, and such amendments to such study and maps as may be prepared from time to time. The base flood elevation of the SFHAs within the extraterritorial jurisdiction of the village or that may be annexed into the village shall be delineated on the 100-year flood profiles in the flood insurance study of Will County prepared by FEMA and dated February 15, 2019 and on in the flood insurance study of Kendall County prepared by FEMA and dated January 4, 2018, and as from time to time amended or updated, and such amendments to such study and maps as may be prepared from time to time.
REGULATORY FLOODWAY - The channel, including on stream lakes, and that portion of the floodplain adjacent to a stream or watercourse as designated by IDNR-OWR pursuant to Section 18g of The Rivers, Lakes and Stream Act (615 ILCS 5), which is needed to store and convey the existing and anticipated future 100-year frequency discharge with no more than one-tenth foot (0.1') increase in stage due to the loss of flood conveyance or storage, and no more than a ten percent (10%) increase in velocities. Regulatory floodways are designated for the DuPage River, Hammel Creek, Hammel Creek tributary, and Hammel Creek - Robin Hill split flow on the Flood Insurance Rate Map for Will County, Illinois and incorporated areas prepared by FEMA and dated February 15, 2019. To locate the regulatory floodway boundary on any site, the regulatory floodway boundary should be scaled off the regulatory floodway map and located on a site plan, using reference marks common to both maps. Where interpretation is needed to determine the exact location of the regulatory floodway boundary, IDNR-OWR should be contacted for interpretation.
SUBSTANTIAL IMPROVEMENT - Any reconstruction, rehabilitation, addition or improvement of a structure taking place subsequent to April 1, 1990, in which the cumulative percentage of improvements equals or exceeds 50% of the market value of the structure before the improvement or repair is started or increases the floor area by more than 20%. 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 building. This term includes structures that have incurred repetitive loss or substantial damage, regardless of the actual work done. This term does not, however, include 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 any alteration of a historic structure listed on the National Register of Historic Places or the State Register of historic places, provided that the alteration will not preclude the structure's continued designation as a historic structure.
   B.   That Section 55.005 "DEFINITIONS" of the WCSMO is hereby amended by inserting the definition of "Substantial Damage:
Substantial Damage - Damage of any origin sustained by a structure, subsequent to April 1, 1990, whereby the cumulative percentage of damage equals or exceeds 50 percent 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.
   C.   That Section 55.062(C) "BUILDING PROTECTION STANDARDS" of the WCSMO is hereby amended by adding Section 55.062(C)(5) and inserting the following text:
All buildings located within a 100-year floodplain, also known as a SFHA, shall be protected from flood damage below the flood protection elevation. However, existing buildings located within a regulatory floodway shall also meet the more restrictive appropriate use standards included in Section 55.064. This building protection criteria applies to the following situations:
a) Construction or placement of a new building.
b) A structural alteration to an existing building that either increases the first floor area by more than twenty percent (20%) or the building's market value by more than fifty percent (50%). This alteration shall be figured cumulatively, beginning with any alteration which has taken place subsequent to April 1, 1990.
   D.   That Section 55.062(C)(1)(a) "BUILDING PROTECTION STANDARDS" of the WCSMO is hereby amended by deleting it and the following inserted in its place:
If placed on fill, the top of the fill for the residential structure shall be above the FPE. The top of fill for an attached garage shall be at least 0.1 foot above the BFE. The fill shall be placed at that elevation for a distance of ten feet out from the building before sloping to the FPE. The top of the fill shall be above the flood protection elevation and shall not settle below the FPE for the residential structure and not below 0.1 feet above the base flood for an attached garage, and shall be adequately protected against erosion, scour and differential settlement. If vegetative cover is used, the slopes shall be no steeper than three horizontal to one vertical (3:1). The fill should not adversely affect surface drainage from or onto neighboring properties.
   E.   That Section 55.062(C)(3) "BUILDING PROTECTION STANDARDS" of the WCSMO is hereby amended by deleting it and the following inserted in its place:
Manufactured homes and recreational vehicles to be installed on a site for more than 180 days shall be at or above the FPE and shall be anchored to resist flotation, collapse or lateral movement in accordance with the State Manufactured Home Tie-Down Code (77 Ill. Adm. Code 870), as amended. This does not apply to returning a mobile home or manufactured home to the same site it lawfully occupied before it was removed to avoid flood damage.
   F.   That Section 55.063(A) "COMPENSATORY STORAGE VOLUME STANDARDS" of the WCSMO is hereby amended by deleting it and the following inserted in its place:
Hydraulically equivalent compensatory storage volume will be required for development in a riverine regulatory floodplain and shall be at least equal to one and two-tenths (1.2) times the volume of storage lost. In case of streams and watercourses, such excavation shall be made opposite or adjacent to the areas so filled or occupied. All floodplain storage lost below the existing 10-year flood elevation shall be replaced below the proposed 10-year flood elevation. All floodplain storage lost above the existing 10-year flood elevation shall be replaced above the proposed 10-year flood elevation. The additional compensatory storage required beyond a one to one (1:1) ratio may be placed above or below the proposed ten-year flood elevation. All such excavations shall be constructed to drain freely and openly to the watercourse.
   G.   That Section 55.064(B)(1)(d) "FLOODWAY STANDARDS" of the WCSMO is hereby amended by deleting it and the following inserted in its place:
Underground and overhead utilities;
      (1)   Do not result in any increase in existing ground elevations;
      (2)   Do not require the placement of above-ground structures in the floodway;
      (3)   In the case of underground stream crossings, the top of the pipe or encasement is buried a minimum of three feet (3') below the existing streambed;
      (4)   In the case of overhead utilities, no supporting towers are placed in the watercourse and are designed in such a fashion as not to catch debris.
   H.   That Section 55.064(B)(1)(f) "FLOODWAY STANDARDS" of the WCSMO is hereby amended by deleting it and the following inserted in its place:
Detached garages, storage sheds, boat houses or other non- habitable structures without sanitary facilities that are accessory to existing buildings and will not block flood flows nor reduce floodway storage. Such structures shall be properly anchored and not exceeding seventy (70) square feet in size nor ten feet (10') in any dimension.
   I.   That Section 55.064(B)(4) "FLOODWAY STANDARDS" of the WCSMO is hereby amended by adding Section 55.064(B)(4)(d) and inserting the following text:
In areas where a floodway has been determined, compensatory storage shall be provided for any regulatory floodway storage lost due to the proposed work from the volume of fill or structures placed and the impact of any related flood control projects. Compensatory storage for fill or structures shall be equal to at least one and one-half (1.5) times the volume of floodplain storage lost. In the area outside the floodway, the excavation volume shall be at least equal to one and two-tenths (1.2) times the volume of storage lost. The additional compensatory storage required beyond a one to one (1:1) ratio may be placed above or below the proposed ten-year flood elevation. Artificially created storage lost due to a reduction in head loss behind a bridge shall not be required to be replaced. The compensatory regulatory floodway storage shall be placed between the proposed normal water elevation and the proposed 100-year flood elevation. All regulatory floodway storage lost below the existing 10-year flood elevation shall be replaced below the proposed 10-year flood elevation. All such excavations shall be constructed to drain freely and openly to the watercourse. If the compensatory storage will not be placed at the location of the proposed construction, the applicant's engineer shall demonstrate to IDNR-OWR through a determination of flood discharges and water surface elevations that the compensatory storage is hydraulically equivalent. Finally, there shall be no reduction in floodway surface area as a result of a floodway modification, unless such modification is necessary to reduce flooding at an existing structure.
A recorded covenant running with the land is required to maintain the compensatory storage volume in areas modified to provide compensatory storage volume.
   J.   That Section 55.080(B) "PERMIT REVIEW FEES" of the WCSMO is hereby amended by deleting it and the following inserted in its place:
Fees for permits shall be as follows:
      A.   For a use permit: Thirty Dollars ($30.00)
      B.   For a development for work in the floodplain not requiring review by a professional engineer: Three (3) times current hourly rate of building inspector times 2.5.
      C.   For a development permit for work in the floodplain requiring review by a professional engineer: At the time of application for a development permit, the applicant shall sign a statement agreeing to fully reimburse the village for all fees, costs and expenses directly or indirectly incurred by the village to have the application and supporting documentation reviewed by village staff, the village engineer, attorney, and having improvements inspected by the village engineer as they are installed.
   K.   That Section 55.081(A) "Permit Expiration" of the WCSMO is hereby amended by deleting this section and the following inserted in its place:
Every site development permit shall expire and become null and void if the work authorized by such permit has not been commenced within one hundred eighty (180) days or is not completed by a date which shall be specified in the permit, which shall not be longer than the third year following the date of permit issuance or upon expiration of state or federal permits required for stormwater management.
   L.   That Section 55.081(B) "Permit Extension" of the WCSMO is hereby amended by deleting this section and the following inserted in its place:
If the permitted activity has been started but is not completed by the expiration date of the permit, and the permittee intends to pursue the permitted activity, then the permittee may submit a written request that the expiration date be extended. Upon receipt of the request, the Administrator may extend the expiration date of time not to exceed one hundred eighty (180) days a maximum of three times for permitted activities outside regulatory floodplains and floodways. Expiration dates for permitted activities in regulatory floodplains and floodways may be extended in one hundred eighty (180) day increments a maximum of three times provided the activity is in compliance with the then current requirements of this chapter.
(Ord. 19-1926, 1-22-2019, eff. 2-15-2019)