Section
General Provisions
152.01 Statutory authorization; purpose
152.02 Criteria for Inspector approval
152.03 Definitions
152.04 Disclaimer of liability
152.05 Abrogation and greater restrictions
152.06 Variances
Permits
152.20 Development permit required; application
Flood Hazard Reduction
152.35 Base flood elevation
152.36 Preventing increased damages
152.37 Protection of buildings
152.38 Other development requirements
152.99 Penalty
GENERAL PROVISIONS
This chapter is enacted pursuant to the police powers granted to the city by 65 ILCS 5/1-2-1, 11-12-12, 11-30-2, 11-30-9 and 11-31-2, in order to accomplish the following purposes:
(A) To prevent unwise development from increasing the flood or drainage hazards to others;
(B) To protect new buildings and major improvements to buildings from flood drainage;
(C) To protect human life and health from the hazards of flooding;
(D) To lessen the burden on the taxpayer for flood control projects, repairs to flood-damaged 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 flood blight areas;
(F) To make federally subsidized flood insurance available for property in the city; and
(G) To provide for the orderly growth and development (pursuant to the city’s Comprehensive Plan) of an environment that is especially sensitive to changes from human activity.
(1994 Code, § 152.01) (Ord. 323, passed 3-28-1983)
(A) All new development proposals in the special flood hazard areas shall be reviewed and approved by the Building Inspector.
(B) The Building Inspector’s review is to ensure the following:
(1) New development will not change the flow of flood or other surface drainage waters so that other properties become more susceptible to damage;
(2) New developments will not create special hazards or nuisances when flooded; and
(3) New buildings and major improvements to existing buildings will not be subject to damage by the base flood.
(1994 Code, § 152.02) (Ord. 323, passed 3-28-1983)
For the purpose of this chapter, the following definitions shall 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 § 152.35 of this chapter.
BUILDING. A structure that is principally above ground and is enclosed by walls and a roof. The term includes a gas or liquid storage tank in order that the tanks will be constructed to the same flood damage protection standards. The term includes a manufactured home or prefabricated building which is affixed on a permanent site and connected to the required utilities. The term shall also include travel trailers or recreational vehicles installed on a site for more than 180 days.
DEVELOPMENT. Any human-made change to real estate, including:
(1) Construction, reconstruction or placement of a building or an addition to a building valued at more than $1,000;
(2) Installing a mobile home on a site or preparing a site for a manufactured home;
(3) Drilling, mining, installing utilities or facilities, construction of roads, bridges or similar projects valued at more than $1,000;
(4) Construction or erection of levees, walls or fences;
(5) Filling, dredging, grading, excavating or other non-agricultural alterations of the ground surface;
(6) Storage of materials; or
(7) Any other activity that might change the direction, height or velocity of flood or surface waters.
FLOOD. A general and temporary condition of inundation of normally dry land areas from the overflow, the unusual and rapid accumulation or the runoff or surface waters from any source.
FLOODWAY. The portion of the SFHA required to store and convey the base flood. If not prohibited, building or placing obstructions in a FLOODWAY will increase flood damages to other properties.
FPE or FLOOD PROTECTION ELEVATION. The elevation of the base flood (plus one foot) at any given location in the SFHA.
SFHA or SPECIAL FLOOD HAZARD AREA. Those lands within the jurisdiction of the city that are subject to inundation by the base flood. The SFHAs of the city are generally identified as such on the Flood Insurance Rate Map with the effective date of 8-24-1984.
(1994 Code, § 152.03) (Ord. 323, passed 3-28-1983; Ord. 338, passed 5-14-1984)
(A) The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of study.
(B) Larger floods may occur or flood heights may be increased by human-made or natural causes. This chapter does not imply that development either inside or outside of the SFHA will be free from flooding or damage.
(C) This chapter does not create liability on the part of the city or any officer of employee thereof for any flood damage that results from reliance on this chapter or any administrative decision made lawfully thereunder.
(1994 Code, § 152.04) (Ord. 323, passed 3-28-1983)
This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(1994 Code, § 152.05) (Ord. 323, passed 3-28-1983)
Loading...