For the purposes of this chapter the following definitions are adopted:
“Accessory Structure.” A non-habitable building which is on the same parcel of property as the principal building to be insured and the use of which is incidental to the use of the principal building.
“ACT.” An act in relation to the regulation of the rivers, lakes and streams of the State of Illinois, ILCS Ch. 615, Act 5 §§ 5 et seq.
“APPLICANT.” Any person, firm, corporation or agency that applies for a floodplain development permit.
“APPROPRIATE USES.” Only uses of the designated floodway that are permissible and will be considered for permit issuance. The only uses that will be allowed are as specified in § 152.21(B).
“ASCE.” American Society of Civil Engineers.
“BASE FLOOD.” The flood having a 1% chance of being equaled or exceeded in any given year. The “BASE FLOOD” is often referred to as the “100-YEAR FLOOD.”
“BASE FLOOD ELEVATION (BFE).” The height in relation to the North American Vertical Datum (NAVD] of 1988 (or other datum, where specified) of the crest of the base flood. Application of the BFE at any location is as defined in § 152.03
“BASEMENT.” Any area of the building, including any sunken room or sunken portion of a room, having its floor below ground level (subgrade) on all sides.
“BUILDING.” A walled and roofed building, including gas or liquid storage tank, which is principally above ground, including manufactured homes, mobile homes and prefabricated buildings. The term also includes recreational vehicles and travel trailers installed on a site for more than 180 days in any calendar year.
“CHANNEL.” Any river, stream, creek, brook, branch, natural or artificial depression, ponded area, flowage, slough, ditch, conduit, culvert, gully, ravine, wash, or natural or man-made drainageway, which has a definite bed and banks or shoreline, in or into which surface or groundwater flows, either perennially or intermittently.
“CHANNEL MODIFICATION.” Alteration of a channel by changing the physical dimensions or materials of its bed or banks. “CHANNEL MODIFICATION” includes damming, rip-rapping (or other armoring), widening, deepening, straightening, relocating, lining and significant removal of native vegetation from the bottom or banks. “CHANNEL MODIFICATION” does not include the clearing of dead or dying vegetation, debris, or trash from the channel. Channelization is a severe form of “CHANNEL MODIFICATION” involving a significant change in the channel cross-section and typically involving relocation of the existing channel (e.g., straightening).
“COMPENSATORY STORAGE.” An artificially excavated, hydraulically equivalent volume of storage within the floodplain used to balance the loss of natural flood storage capacity when artificial fill or structures are placed within the floodplain. The uncompensated loss of natural floodplain storage can increase off-site floodwater elevations and flows.
“CONDITIONAL APPROVAL OF A DESIGNATED FLOODWAY MAP CHANGE.” Preconstruction approval by IDNR/OWR and FEMA of a proposed change to the floodway map. This preconstruction approval, pursuant to 17 Ill. Adm. Code Part 3708, gives assurances to the property owner that once an appropriate use is constructed according to permitted plans, the floodway map can be changed, as previously agreed, upon review and acceptance of as-built plans.
“CONDITIONAL LETTER OF MAP REVISION (CLOMR).” A letter providing FEMA’s comment on a proposed project that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing floodway, the effective BFEs, or the SFHA.
“CRITICAL FACILITY.” Any facility which is critical to the health and welfare of the population and, if flooded, would create an added dimension to the disaster. Damage to these critical facilities can impact the delivery of vital services, can cause greater damage to other sectors of the community, or can put special populations at risk.
“DAM.” All obstructions, wall embankments or barriers, together with their abutments and appurtenant works, if any, constructed for the purpose of storing or diverting water or creating a pool. “DAMS” may also include weirs, restrictive culverts or impoundment Structures. Underground water storage tanks are not included.
“DELEGATED COMMUNITY.” A community delegated state permitting authority for construction in the floodway under 17 Ill. Adm. Part 3708 by IDNR/OWR. Delegation issued to Tinley Park on September 23,1993.
“DESIGNATED FLOODWAY.” The channel, including on-stream lakes, and that portion of the floodplain adjacent to a stream or watercourse, generally depicted on the FEMA FIRM map, which is needed to store and convey the existing base flood discharge with no more than a one-tenth foot increase in stage due to the loss of flood conveyance or storage, and no more than a 10% increase in velocities.
(1) The floodways are designated for on the countywide FIRM of Cook County prepared by FEMA as shown in Appendix A and Will County prepared by FEMA and dated February 15, 2019. When two floodway maps exist for a waterway, the more recent effective floodway limit shall prevail.
(2) The floodways for those parts of unincorporated Cook County and Will County that are within the extraterritorial jurisdiction of the village that may be annexed into the village are designated on the countywide FIRM of Cook County prepared by FEMA as shown in Appendix A and Will County prepared by FEMA and dated February 15, 2019.
(3) To locate the designated floodway boundary on any site, the designated floodway boundary should be scaled off the FIRM 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 designated floodway boundary, IDNR/OWR should be contacted for the interpretation.
(1) Any man-made change to real estate, including:
(a) Construction, reconstruction, repair, or placement of a building or any addition to a building;
(b) Substantial improvement of an existing building;
(c) Installing a manufactured home on a site, preparing a site for a manufactured home, or installing a travel trailer or recreational vehicle on a site for more than 180 consecutive days. If a travel trailer or recreational vehicle is on site for more than 180 consecutive days, it must be fully licensed and ready for highway use;
(d) Installing utilities, construction of roads, bridges, or similar projects;
(e) Demolition of a building, re-development of a site, clearing of land as an adjunct of construction;
(f) Construction or erection of levees, walls, fences, dams, culverts, or channel modification;
(g) Filling, dredging, grading, excavating, paving, drilling, mining or other non-agricultural alterations of the ground surface;
(h) Storage of materials including the placement of gas and liquid storage tanks, and any other activity that might change the direction, height, or velocity of flood or surface waters;
(i) Any other activity of man that might change the direction, height, or velocity of flood or surface water, including extensive vegetation removal.
(2) “DEVELOPMENT” does not include such activities as re-surfacing of pavement when there is no increase in elevation, or gardening, plowing, and similar agricultural practices that do not involve filling, grading, or construction of levees.
“ELEVATION CERTIFICATES.” A form published by FEMA that is used to certify the elevation to which a building has been elevated.
“EXISTING MANUFACTURED HOME PARK OR SUBDIVISION.” A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed or buildings to be constructed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the village initial floodplain management regulations.
“EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION.” The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
“FEMA.” Federal Emergency Management Agency and its regulations at 44 CFR 59-79, as amended.
“FLOOD.” A general and temporary condition of partial or complete inundation of normally dry land areas from overflow of inland or tidal waters, or from the unusual and rapid accumulation or runoff of surface waters from any source. “FLOOD” also includes the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters.
“FLOOD FREQUENCY.” A period of years, based on a statistical analysis, during which a flood of a stated magnitude may be expected to be equaled or exceeded.
“FLOOD FRINGE.” That portion of the floodplain outside of the designated floodway.
“FLOOD INSURANCE RATE MAP (FIRM).” A map prepared by FEMA that depicts the floodplain or special flood hazard area within a community. This map includes insurance rate zones and floodplains and may or may not depict floodways and show BFE.
“FLOOD INSURANCE STUDY.” An examination, evaluation and determination of flood hazards and if appropriate, corresponding water surface elevations.
“FLOOD PROOFING.” Any combination of structural and non-structural additions, changes or adjustments to buildings that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, buildings and their contents.
“FLOOD PROOFING CERTIFICATE.” A form published by FEMA that is used to certify that a building has been designed and constructed to be structurally dry floodproofed to the flood protection elevation.
“FLOOD PROTECTION ELEVATION (FPE).” The elevation of the base flood plus one foot of freeboard at any given location in the floodplain.
“FLOODPLAIN (OR SPECIAL FLOOD HAZARD AREA (SFHA).” For purpose of this chapter, these two terms are synonymous. Any land area susceptible to being inundated by water from any source. “FLOODPLAIN” also includes those areas of known flooding as identified by the community.
(1) The floodplains are those lands within the jurisdiction of the village that are subject to inundation by the base flood. The floodplains of the village are generally identified as such on panel number(s) listed in Appendix A of the countywide FIRM for Cook County and of the countywide FIRM for Will County as prepared by the FEMA and dated February 15, 2019.
(2) The floodplains of those parts of unincorporated Cook County and Will County that are within the extraterritorial jurisdiction of the village or that may be annexed into the village and that are subject to inundation by the base flood. The floodplains are generally identified as such on panel numbers(s) listed in Appendix A of the countywide FIRM for Cook County and of the countywide FIRM for Will County the FEMA and dated February 15, 2019.
“FLOODWAY.” See “DESIGNATED FLOODWAY.”
“FREEBOARD.” An increment of elevation added to the BFE to provide a factor of safety for uncertainties in calculations, future watershed Development, unknown localized conditions, wave actions and unpredictable effects such as those caused by ice or debris jams.
“HISTORIC STRUCTURE.” Any building that is:
(1) Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historic district or a district preliminarily determined by the Secretary of the Interior to qualify as a registered historic district;
(3) Individually listed on the State Inventory of Historic Places by the Illinois Historic Preservation Agency;
(4) Individually listed on a local inventory of historic places that has been certified by the Illinois Historic Preservation Agency.
“IDNR/OWR.” Illinois Department of Natural Resources, Office of Water Resources.
“LETTER OF MAP AMENDMENT (LOMA).” Official determination by FEMA that a specific building, area of land or a parcel of land, where there has not been any alteration of the topography since the date of the first NFIP map showing the property within the floodplain, was inadvertently included within the floodplain and that the building, area of land or a parcel of land is removed from the floodplain.
“LETTER OF MAP REVISION (LOMR).” Letter that revises BFEs, floodplains or floodways as shown on an effective FIRM.
“LOWEST FLOOR.” The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure usable solely for parking of vehicles, building access or storage, in an area other than a basement area is not considered a buildings lowest floor; provided that such enclosure is not built so as to render the building in violation of the applicable non-elevation design requirements of this chapter.
“MANUFACTURED HOME.” A building, transportable in one or more sections, which is built on a permanent chassis and is designated for use with or without a permanent foundation when attached to the required utilities. The term “MANUFACTURED HOME” does not include a recreational vehicle.
“MANUFACTURED HOME PARK OR SUBDIVISION.” A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
“NAVD 88.” North American Vertical Datum of 1988. “NAVD 88" supersedes the National Geodetic Vertical Datum of 1929 (NGVD).
“NEW CONSTRUCTION.” Buildings for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such buildings.
“NEW MANUFACTURED HOME PARK OR SUBDIVISION MANUFACTURED HOME.” Park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the village’s initial floodplain management regulations.
“PUBLIC BODY OF WATER.” All open public streams and lakes capable of being navigated by watercraft, in whole or in part, for commercial uses and purposes, and all lakes, rivers, and streams which in their natural condition were capable of being improved and made navigable, or that are connected with or discharge their waters into navigable lakes or rivers within, or upon the borders of the State of Illinois, together with all bayous, sloughs, backwaters, and submerged lands that are open to the main channel or body of water directly accessible thereto, as identified in 17 Ill. Adm. Code Part 3704.
“RECREATIONAL VEHICLE OR TRAVEL TRAILER.” A vehicle which is:
(1) Built on a single chassis;
(2) Four hundred square feet or less when measured at the largest horizontal projection, to include expandable room sections regardless of height;
(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.
“REGIONAL PERMITS.” Offered for pre-approved projects which are considered minor projects that are permissible per IDNR/OWR Part 3708 rules for Northeastern Illinois Designated Floodways. A complete listing of the terms and conditions for specific project types can be obtained from the IDNR/OWR website.
“REGISTERED LAND SURVEYOR.” A land surveyor registered in the State of Illinois, under The Illinois Land Surveyors Act (ILCS Ch. 225, Act 330 §§ 1 et seq.).
“REGISTERED OR LICENSED PROFESSIONAL ENGINEER (P.E.).” An engineer registered in the State of Illinois, under The Illinois Professional Engineering Practice Act (ILCS Ch. 225, Act 325 §§ 1 et seq.).
“REPETITIVE LOSS.” Flood-related damages sustained by a building 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 building before the damaged occurred.
“RETENTION/DETENTION FACILITY. A “RETENTION FACILITY” stores stormwater runoff without a gravity release. A “DETENTION FACILITY” provides for storage of stormwater runoff and controlled release of this runoff during and after a flood or storm.
“RIVERINE FLOODPLAIN.” Any floodplain or SFHA subject to flooding from a river, creek, intermittent stream, ditch, on-stream lake system or any other identified channel. This term does not include areas subject to flooding from lakes, ponding areas, areas of sheet flow, or other areas not subject to overbank flooding.
“SPECIAL FLOOD HAZARD AREA (SFHA).” See “FLOODPLAIN.”
“START OF CONSTRUCTION.” Includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement or other improvement, was within 180 days of the permit date. The “ACTUAL START” means either the first placement of permanent construction of a building on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. For a substantial improvement, “ACTUAL START OF CONSTRUCTION” means the first alteration of any wall, ceiling, floor or other structural part of a building whether or not that alteration affects the external dimensions of the building.
“STATEWIDE PERMITS.” “STATEWIDE PERMITS” are offered for pre-approved projects that are considered minor projects which are permissible per the IDNR/OWR Part 3700 rules. A complete listing of the statewide permits and permit requirements can be obtained from the IDNR/OWR website.
“STRUCTURE.” The results of a man-made change to the land constructed on or below the ground, including a building, as above, any addition to a building; installing utilities, construction of roads or similar projects; construction or erection of levees, walls, fences, bridges or culverts; drilling, mining, filling, dredging, grading, excavating; and the storage of materials.
“SUBSTANTIAL DAMAGE.” Damage of any origin sustained by a building whereby the cumulative percentage of damage during a ten-year period equals or exceeds 50% of the market value of the building before the damage occurred regardless of actual repair work performed. Volunteer labor and materials must be included in this determination. The term includes repetitive loss buildings. (See “REPETITIVE LOSS”).
“SUBSTANTIAL IMPROVEMENT.” Any reconstruction, rehabilitation, addition, or improvement of a building taking place during a ten-year period subsequent to the adoption of this chapter in which the cumulative percentage of improvements equals or exceeds 50% of the market value of the building before the start of construction of the improvement or repair is started, or increases the floor area by more than 20%.
(1) “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 buildings which have incurred repetitive loss or substantial damage, regardless of the actual work done.
(2) The term does not, however, include either:
(a) Any project for improvement of a building to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or
(b) Any alteration of a historic structure listed on the National Register of Historic Places or the Illinois Register of Historic Places, provided that the alteration will not preclude the building’s continued designation as a historic structure.
“TRANSITION SECTION.” Reaches of the stream or floodway where water flows from a narrow cross-section to a wide cross-section or vice versa.
(Ord. 93-O-048, passed 6-22-93; Am. Ord. 2000-O-103, passed 11- 7-00; Am. Ord. 2008-O-033, passed 8-5-08; Am. Ord. 2019-O-003, passed 2-5-19; Am. Ord. 2019-O-054, passed 9-17-19)