A. Appropriate Uses: The only development in a floodway which will be allowed are appropriate uses, which will not cause a rise in the base flood elevation and which will not create a damaging or potentially damaging increase in flood heights or velocity or be a threat to public health and safety and welfare or impair the natural hydrologic and hydraulic functions of the floodway or channel, or permanently impair existing water quality or aquatic habitat. Construction impacts shall be minimized by appropriate mitigation methods as called for in this Chapter. Only those appropriate uses listed in 92 Illinois Administrative Code 708 will be allowed. Appropriate uses do not include the construction or placement of any new structures, fill, building additions, buildings on stilts, excavation or channel modifications done to accommodate otherwise nonappropriate uses in the floodway, fencing (including landscaping or planting designed to act as a fence) and storage of materials except as specifically defined above as an appropriate use. The approved appropriate uses are as follows:
1. Flood control structures, dikes, dams and other public works or private improvements relating to the control of drainage, flooding, erosion or water quality or habitat for fish and wildlife.
2. Structures or facilities relating to the use of, or requiring access to, the water or shoreline, such as pumping and treatment facilities, and facilities and improvements related to recreational boating, commercial shipping and other functionally water dependent uses.
3. Storm and sanitary sewer outfalls.
4. Underground and overhead utilities.
5. Recreational facilities such as playing fields and trail systems including any related fencing (at least 50 percent open when viewed from any one direction) built parallel to the direction of flood flows and including open air pavilions.
6. Detached garages, storage sheds or other nonhabitable accessory structures without toilet facilities to existing buildings that will not block flood flows, nor reduce floodway storage.
7. Bridges, culverts, roadways, sidewalks, railways, runways and taxiways and any modification thereto.
8. Parking lots and any modifications thereto (where depth of flooding at the 100-year frequency flood event will not exceed 1.0 foot) and aircraft parking aprons built at or below ground elevation.
9. Regulatory floodway regrading, without fill, to create a positive nonerosive slope toward a watercourse.
10. Floodproofing activities to protect previously existing lawful structures including the construction of watertight window wells, elevating structures or construction of floodwalls around residential, commercial or industrial principal structures where the outside toe of the floodwall shall be no more than ten feet (10') away from the exterior wall of the existing structure, and which are not considered substantial improvements to the structure.
11. In the case of damaged or replacement buildings, reconstruction or repairs made to a building that are valued at less than fifty percent (50%) of the market value of the building before it was damaged or replaced and which do not increase the outside dimensions of the building.
12. Additions to existing buildings above the base flood elevation that do not increase the building's footprint and are valued at less than fifty percent (50%) of the market value of the building.
B. Protection Requirements: Within the regulatory floodway as identified on the regulatory floodway maps designated by DWR, the construction of an appropriate use will be considered permissible; provided, that the proposed project meets the following engineering and mitigation criteria and is so stated in writing with supporting plans, calculations and data by a registered professional engineer; and provided, that any structure meets the protection requirements of Section 10-1-8 of this Chapter:
1. Preservation Of Flood Conveyance So As Not To Increase Flood Stages Upstream: For appropriate uses other than bridge or culvert crossings, on-stream structures or dams, all effective regulatory floodway conveyance lost due to the project will be replaced for all flood events up to and including the 100-year frequency flood. In calculating effective regulatory floodway conveyance, the following factors shall be taken into consideration:
a. Regulatory floodway conveyance,
"K" = 1.486 AR2/3
n
n
where "n" is Manning's roughness factor, "A" is the effective area of the cross section and "R" is the ratio of the area to the wetted perimeter. (See Open Channel Hydraulics, Ven Te Chow, 1959, McGraw-Hill Book Company, New York.)
b. The same Manning's "n" value shall be used for both existing and proposed conditions unless a recorded maintenance agreement with a Federal, State or local unit of government can assure the proposed conditions will be maintained or the land cover is changing from a vegetative to a nonvegetative land cover.
c. Transition sections shall be provided and used in calculations of effective regulatory floodway conveyance. The following expansion and contraction ratios shall be used unless an applicant's engineer can prove to DWR through engineering calculations or model tests that more abrupt transitions may be used with the same efficiency:
(1) When water is flowing from a narrow section to a wider section, the water should be assumed to expand no faster than at a rate of one foot (1') horizontal for every four feet (4') of the flooded stream's length.
(2) When water is flowing from a wide section to a narrow section, the water should be assumed to contract no faster than at a rate of one foot (1') horizontal for every one foot (1') of the flooded stream's length.
(3) When expanding or contracting flows in a vertical direction, a minimum of one foot (1') vertical transition for every ten feet (10') of stream length shall be used.
(4) Transition sections shall be provided between cross sections with rapid expansions and contractions and when meeting the regulatory floodway delineation on adjacent properties.
(5) All cross sections used in the calculations shall be located perpendicular to flood flows.
2. Preservation Of Floodway Storage So As Not To Increase Downstream Flooding: 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 five-tenths (1.5) times the volume of flood plain storage lost. 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 regulatory floodway storage lost above the existing 10-year flood elevation shall be replaced above 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 DWR 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 existing structure.
3. Preservation Of Floodway Velocities So As Not To Increase Stream Erosion Or Flood Heights: For all appropriate uses, except bridges or culverts or on-stream structures, the proposed work will not result in an increase in the average channel or regulatory floodway velocities or stage for all flood events up to and including the 100-year frequency event. However in the case of bridges or culverts or on stream structures built for the purpose of backing up water in the stream during normal or flood flows, velocities may be increased at the structure site if scour, erosion and sedimentation will be avoided by the use of riprap or other design measures.
4. Construction Of New Bridges Or Culvert Crossings And Roadway Approaches: The proposed structure shall not result in an increase of upstream flood stages greater than one-tenth of a foot (0.1') when compared to the existing conditions for all flood events up to and including the 100-year frequency event; or the upstream flood stage increases will be contained within the channel banks (or within existing vertical extensions of the channel banks) such as within the design protection grade of existing levees or flood walls or within recorded flood easements. If the proposed construction will increase upstream flood stages greater than one-tenth of a foot (0.1'), the developer must contact DWR, Dam Safety Section for a dam safety permit or waiver.
a. The engineering analysis of upstream flood stages must be calculated using the flood study flows and corresponding flood elevations for tailwater conditions for the flood study specified in Section 10-1-4 of this Chapter. Culverts must be analyzed using the U.S. DOT, FHWA Hydraulic Chart for the Selection of Highway Culverts. Bridges must be analyzed using the U.S. DOT/Federal Highway Administration Hydraulics of Bridge Waterways calculation procedures.
b. Lost floodway storage must be compensated for per subsection 10-1-6-2B2 of this Section.
c. Velocity increases must be mitigated per subsection 10-1-6-2B3 of this Section.
d. If the crossing is proposed over a public water that is used for recreational or commercial navigation, a Department of Transportation permit must be received.
e. The hydraulic analysis for the backwater caused by the bridge showing the existing condition and proposed regulatory profile must be submitted to DWR for concurrence that a CLOMR is not required by this Section 10-1-6-2.
f. All excavations for the construction of the crossing shall be designed per subsection B8 of this Section.
5. Reconstruction Or Modification Of Existing Bridges, Culverts, And Approach Roads:
a. The bridge or culvert and roadway approach reconstruction or modification shall be constructed with no more than one-tenth of a foot (0.1') increase in backwater over the existing flood profile for all flood frequencies up to and including the 100-year event, if the existing structure is not a source of flood damage.
b. If the existing bridge or culvert and roadway approach is a source of flood damage to buildings or structures in the upstream flood plain, the applicant's engineer shall evaluate the feasibility of redesigning the structure to reduce the existing backwater, taking into consideration the effects on flood stages on upstream and downstream properties.
c. The determination as to whether or not the existing crossing is a source of flood damage and should be redesigned must be prepared in accordance with the Department of Transportation Rules 92 Illinois Administrative Code 708 (Floodway Construction in Northeastern Illinois) and submitted to the Division for review and concurrence before a permit is issued.
6. On-Stream Structures Built For Purpose Of Backing Up Water: Any increase in upstream flood stages greater than 0.0 foot when compared to the existing conditions, for all flood events up to and including the 100-year frequency event shall be contained within the channel banks (or within existing vertical extensions of the channel banks) such as within the design protection grade of existing levees or flood walls or within recorded flood easements. A permit or letter indicating a permit is not required must be obtained from DWR, Dam Safety Section, for a dam safety permit or waiver for any structure built for the purpose of backing up water in the stream during normal or flood flow. All "dams" and impoundment structures as defined in Section 10-1-2 of this Chapter shall meet the permitting requirements of 92 Illinois Administrative Code 702 (Construction and Maintenance of Dams). If the proposed activity involves a modification of the channel or floodway to accommodate an impoundment, it shall be demonstrated that:
a. The impoundment is determined to be in the public interest by providing flood control, public recreation or regional storm water detention.
b. The impoundment will not prevent the migration of indigenous fish species, which require access to upstream areas as part of their life cycle, such as for spawning.
c. The impoundment will not cause or contribute to degraded water quality or habitat conditions. Impoundment design should include gradual bank slopes, appropriate bank stabilization measures and a pre-sedimentation basin.
d. A nonpoint source control plan has been implemented in the upstream watershed to control the effects of sediment runoff as well as minimize the input of nutrients, oil and grease, metals and other pollutants. If there is more than one municipality in the upstream watershed, the municipality in which the impoundment is constructed should coordinate with upstream municipalities to ensure comprehensive watershed control.
e. The project otherwise complies with the requirements of this Section 10-1-6.
7. Floodproofing Of Existing Habitable, Residential And Commercial Structures: If construction is required beyond the outside dimensions of the existing building, the outside perimeter of the floodproofing construction shall be placed no further than ten feet (10') from the outside of the building. Compensation of lost storage and conveyance will not be required for floodproofing activities.
8. Excavation In Floodway: When excavation is proposed in the design of bridges and culvert openings, including the modifications to and replacement of existing bridge and culvert structures or to compensate for lost conveyance for other appropriate uses, transition sections shall be provided for the excavation. The following expansion and contraction ratios shall be used unless an applicant's engineer can prove to DWR through engineering calculations or model tests that more abrupt transitions may be used with the same efficiency:
a. When water is flowing from a narrow section to a wider section, the water should be assumed to expand no faster than at a rate of one foot (1') horizontal for every four feet (4') of the flooded stream's length;
b. When water is flowing from a wide section to a narrow section, the water should be assumed to contract no faster than at a rate of one foot (1') horizontal for every one foot (1') of the flooded stream's length; and
c. When expanding or contracting flows in a vertical direction, a minimum of one foot (1') vertical transition for every ten feet (10') of stream length shall be used.
d. Erosion/scour protection shall be provided inland upstream and downstream of the transition sections.
9. Channel Modification: If the proposed activity involves a channel modification, it shall be demonstrated that:
a. There are no practicable alternatives to the activity which would accomplish its purpose with less impact to the natural conditions of the body of water affected. Possible alternatives include levees, bank stabilization, floodproofing of existing structures, removal of structures from the flood plain, clearing the channel, high flow channel or the establishment of a stream side buffer strip or green belt. Channel modification is acceptable if the purpose is to restore natural conditions and improve water quality and fish and wildlife habitat.
b. Water quality, habitat and other natural functions would be significantly improved by the modification and no significant habitat area may be destroyed or the impacts are offset by the replacement of an equivalent degree of natural resource values.
c. The activity has been planned and designed and will be constructed in a way which will minimize its adverse impacts on the natural conditions of the body of water affected, consistent with the following criteria:
(1) The physical characteristics of the modified channel shall match as closely as possible those of the existing channel in length, cross section, slope and sinuosity. If the existing channel has been previously modified, restoration of more natural physical conditions should be incorporated into channel modification design, where practical.
(2) Hydraulically effective transitions shall be provided at both the upstream and downstream ends of the project, designed such that they will prevent erosion.
(3) One-sided construction of a channel shall be used when feasible. Removal of streamside (riparian) vegetation should be limited to one side of the channel, where possible, to preserve the shading and stabilization effects of the vegetation.
(4) Clearing of vegetation shall be limited to that which is essential for construction of the channel.
(5) Channel banks shall be constructed with a side slope no steeper than three to one (3:1) horizontal to vertical, wherever practicable. Natural vegetation and gradual side slopes are the preferred methods for bank stabilization. Where high velocities or sharp bends necessitate the use of alternative stabilization measures, natural rock or riprap are preferred materials. Artificial materials such as concrete, gabions or construction rubble should be avoided unless there are no practicable alternatives.
(6) All disturbed areas associated with the modification shall be seeded or otherwise stabilized as soon as possible upon completion of construction. Erosion blanket or an equivalent material shall be required to stabilize disturbed channel banks prior to establishment of the vegetative cover.
(7) If the existing channel contains considerable bottom diversity such as deep pools, riffles and other similar features, such features shall be provided in the new channel. Spawning and nesting areas and flow characteristics compatible with fish habitat shall also be established where appropriate.
(8) A sediment basin shall be installed at the downstream end of the modification to reduce sedimentation and degradation of downstream water quality.
(9) New or relocated channels should be built in the dry and all items of construction, including vegetation, should be completed prior to diversion of water into the new channel.
(10) There shall be no increases in stage or velocity as the channel enters or leaves the project site for any frequency flood unless necessitated by a public flood control project or unless such an increase is justified as part of a habitat improvement or erosion control project.
(11) Unless the modification is for a public flood control project, there shall be no reduction in the volume of floodwater storage outside the floodway as a result of the modification.
d. The project otherwise complies with the requirements of this Section 10-1-6.
10. Seeding And Stabilization Plan: For all activities located in a floodway, a seeding and stabilization plan shall be submitted by the applicant.
11. Soil Erosion And Sedimentation Measures: For all activities in the floodway, including grading, filling and excavation in which there is potential for erosion of exposed soil, soil erosion and sedimentation control measures shall be employed consistent with the following criteria:
a. The construction area shall be minimized to preserve the maximum vegetation possible. Construction shall be scheduled to minimize the time soil is exposed and unprotected. In no case shall the existing natural vegetation be destroyed, removed, or disturbed more than fifteen (15) days prior to the initiation of improvements.
b. Temporary and/or permanent soil stabilization shall be applied to denuded areas as soon as possible. As a minimum, soil stabilization shall be provided within fifteen (15) days after final grade is reached on any portion of the site, and within fifteen (15) days to denuded areas which may not be at final grade but will remain undisturbed for longer than sixty (60) days.
c. Sedimentation control measures shall be installed before any significant grading or filling is initiated on the site to prevent the movement of eroded sediments off site or into the channel. Potential sediment control devices include filter fences, straw bale fences, check dams, diversion ditches and sediment basins.
d. A vegetated buffer strip of at least twenty five feet (25') in width shall be preserved and/or reestablished, where possible, along existing channels. Construction vehicle use of channels shall be minimized. Temporary stream crossings shall be constructed, where necessary, to minimize erosion. Necessary construction in or along channels shall be restabilized immediately.
e. Soil erosion and sedimentation control measures shall be designed and implemented consistent with "Procedures and Standards for Urban Soil Erosion and Sedimentation Control in Illinois" (1988) also known as the "Green Book" and "Standards and Specifications for Soil Erosion and Sediment Control" (IEPA, 1987).
12. Public Flood Control Projects: For public flood control projects, the permitting requirements of this Section will be considered met if the applicant can demonstrate to DWR through hydraulic and hydrologic calculations that the proposed project will not singularly or cumulatively result in increased flood heights outside the project right of way or easements for all flood events up to and including the 100-year frequency event.
13. General Criteria For Analysis Of Flood Elevations:
a. The flood profiles, flows and floodway data in the regulatory floodway study, referenced in Section 10-1-4 of this Chapter, must be used for analysis of the base conditions. If the study data appears to be in error or conditions have changed, DWR shall be contacted for approval and concurrence on the appropriate base conditions data to use.
b. If the 100-year regulatory floodway elevation at the site of the proposed construction is affected by backwater from a downstream receiving stream with a larger drainage area, the proposed construction shall be shown to meet the requirements of this Section for the 100-year frequency flood elevations of the regulatory floodway conditions and conditions with the receiving stream at normal water elevations.
c. If the applicant learns from DWR, local governments or a private owner that a downstream restrictive bridge or culvert is scheduled to be removed, reconstructed, modified or a regional flood control project is scheduled to be built, removed, constructed or modified within the next five (5) years, the proposed construction shall be analyzed and shown to meet the requirements of this Section for both the existing conditions and the expected flood profile conditions when the bridge, culvert or flood control project is built.
14. Conditional Letter Of Map Revision: If the appropriate use would result in a change in the regulatory floodway location or the 100-year frequency flood elevation, the applicant shall submit to DWR and to FEMA all the information, calculations and documents necessary to be issued a conditional regulatory floodway map revision and receive from DWR a conditional approval of the regulatory floodway change before a permit is issued. However, the final regulatory floodway map will not be changed by DWR until as-built plans or record drawings are submitted and accepted by FEMA and DWR. In the case of nongovernment projects, the Municipality in incorporated areas and the County in unincorporated areas shall concur with the proposed conditional regulatory floodway map revision before DWR approval can be given. No filling, grading, dredging or excavating shall take place until a conditional approval is issued. No further development activities shall take place until a final letter of map revision (LOMR) is issued by FEMA and DWR.
15. Professional Engineer's Supervision: All engineering analyses shall be performed by or under the supervision of a registered professional engineer.
16. For all activities in the floodway involving construction within twenty five feet (25') of the channel, the following criteria shall be met:
a. A natural vegetation buffer strip shall be preserved within at least twenty five feet (25') of the ordinary high water mark of the channel.
b. Where it is impossible to protect this buffer strip during the construction of an appropriate use, a vegetated buffer strip shall be established upon completion of construction.
c. The use of native riparian vegetation is preferred in the buffer strip. Access through this buffer strip shall be provided, when necessary, for stream maintenance purposes.
After receipt of conditional approval of the regulatory floodway change and issuance of a permit and a conditional letter of map revision, construction as necessary to change the regulatory floodway designation may proceed but no buildings or structures or other construction that is not an appropriate use may be placed in that area until the Regulatory Floodway Map is changed and a final letter of map revision is received. The Regulatory Floodway Map will be revised upon acceptance and concurrence by DWR and FEMA of the as-built plans.
C. State Review: For those projects listed below located in a regulatory floodway, the following criteria shall be submitted to DWR for their review and concurrence prior to the issuance of a permit:
1. DWR will review an engineer's analysis of the flood profile due to a proposed bridge pursuant to subsection B4 of this Section.
2. DWR will review an engineer's determination that an existing bridge or culvert crossing is not a source of flood damage and the analysis indicating the proposed flood profile, pursuant to subsection B5 of this Section.
3. The DWR will review alternative transition sections and hydraulically equivalent storage pursuant to subsections B1, B2 and B8 of this Section.
4. The DWR will review and approve prior to the start of construction any Department projects, "dams" (as defined in Section 10-1-2 of this Chapter) and all other State, Federal or local units of government projects, including projects of the Municipality or County.
D. Other Permits: In addition to the other requirements of this Chapter, a development permit for a site located in a floodway shall not be issued unless the applicant first obtains a permit or written documentation that a permit is not required from DWR, issued pursuant to 615 Illinois Compiled Statutes 5/5 et seq. No permit from DWR shall be required if the Division has delegated this responsibility to the Village.
E. Dam Safety Permits: Any work involving the construction, modification or removal of a "dam" as defined in Section 10-1-2 of this Chapter, per 92 Illinois Administrative Code 702 (Rules for Construction of Dams) shall obtain an Illinois Division of Water Resources dam safety permit prior to the start of construction of a dam. If the Village Engineer finds a dam that does not have a DWR permit, the Village Engineer shall immediately notify the Dam Safety Section of the Division of Water Resources. If the Village Engineer finds a dam which is believed to be in unsafe condition, the Village Engineer shall immediately notify the owner of the dam, DWR, Dam Safety Section in Springfield and the Illinois Emergency Services and Disaster Agency (ESDA).
F. Activities That Do Not Require Registered Professional Engineer Review: The following activities may be permitted without a registered professional engineer's review. Such activities shall still meet the other requirements of this Chapter, including the mitigation requirements:
1. Underground and overhead utilities that:
a. Do not result in any increase in existing ground elevations; or
b. Do not require the placement of aboveground structures in the floodway; or
c. 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 stream bed; and
d. 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.
2. Storm and sanitary sewer outfalls that:
a. Do not extend riverward or lakeward of the existing adjacent natural bank slope; and
b. Do not result in an increase in ground elevation; and
c. Are designed so as not to cause stream erosion at the outfall location.
3. Construction of sidewalks, athletic fields (excluding fences), properly anchored playground equipment and patios at grade.
4. Construction of shoreline and streambank protection that:
a. Does not exceeds one thousand feet (1,000') in length.
b. Materials are not placed higher than the existing top of bank.
c. Materials are placed so as not to reduce the cross-sectional area of the stream channel or bank of the lake.
d. Vegetative stabilization and gradual side slopes are the preferred mitigation methods for existing erosion problems. Where high channel velocities, sharp bends or wave action necessitate the use of alternative stabilization measures, natural rock or riprap are preferred materials. Artificial materials such as concrete, construction rubble and gabions should be avoided unless there are no practicable alternatives.
5. Temporary stream crossings in which:
a. The approach roads will be five-tenths foot (0.5') or less above natural grade.
b. The crossing will allow stream flow to pass without backing up the water above the stream bank vegetation line or above any drainage tile or outfall invert.
c. The top of the roadway fill in the channel will be at least two feet (2') below the top of the lowest bank. Any fill in the channel shall be nonerosive material, such as riprap or gravel.
d. All disturbed stream banks will be seeded or otherwise stabilized as soon as possible upon installation and again upon removal of construction.
e. The access road and temporary crossings will be removed within one year after authorization. (Ord. 621, 5-15-1995)