A. Short Title: This chapter of the development control ordinance shall be known and may be cited as the WESTERN SPRINGS FLOODPLAIN AND STORMWATER MANAGEMENT CHAPTER.
B. Authorization: The legislature of the State in the compiled statutes has delegated to local government units the authority to adopt regulations designed to control drainage, granted by 65 Illinois Compiled Statutes 5/1-2-1, 5/11-12-5, 5/11-12-6, 5/11-12-12, 5/11-13-1, 5/11-30-2, 5/11-30-8, 5/11-31-2, 5/11-109-1, 5/11-110-1, 5/11-110-2 and 50 Illinois Compiled Statutes 815/1.
C. Findings Of Fact:
1. The flood hazard areas of the Village are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures or flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
2. These flood losses are caused by the cumulative effect of obstructions on areas of special flood hazards which increase flood heights and velocities and, when inadequately floodproofed, elevated or otherwise protected from flood damage also contributes to the flood loss.
D. Purpose: The purpose of this chapter is to maintain this Village's eligibility in the National Flood Insurance Program; to minimize potential losses due to periodic flooding including loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare; and to preserve and enhance the quality of surface waters, conserve economic and natural values and provide for the wise utilization of water and related land resources. This chapter is adopted in order to accomplish the following specific purposes:
1. To meet the requirements of 615 Illinois Compiled Statutes 5/18g, "an Act in relation to the regulation of the rivers, lakes and streams of the State of Illinois", approved June 10, 1911, as amended;
2. To assure that new development does not increase the flood or drainage hazards to others, or create unstable conditions susceptible to erosion;
3. To protect new buildings and major improvements to buildings from flood damage;
4. To protect human life and health from the hazards of flooding;
5. 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;
6. To make Federally subsidized flood insurance available for property in the Village by fulfilling the requirements of the National Flood Insurance Program;
7. To comply with the rules and regulations of the National Flood Insurance Program codified as 44 CFR 59-78, as amended;
8. To protect, conserve, and promote the orderly development of land and water resources;
9. To preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development;
10. To preserve the natural characteristics of stream corridors in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development;
11. To diminish threats to public health, safety and welfare caused by the inundation of valuable properties by stormwater runoff, the pollution of valuable stream and lake resources by poor stormwater runoff quality and the destruction of valuable resources including aquatic habitat by excessive quantities and rates of stormwater runoff. The cause of increases in stormwater runoff quantity, rate and quality is the development and improvement of land and as such this chapter regulates these activities to prevent adverse impacts resulting from their occurrence.
E. Methods Of Reducing Flood Losses: In order to accomplish its purposes, this chapter includes methods and provisions for:
1. Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;
2. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
3. Controlling the alteration of natural floodplains, stream channels and natural or manmade protective and designated barriers, which help accommodate or channel floodwaters;
4. Controlling filling, grading, dredging and other development which may increase flood damage;
5. Preventing or regulating the construction of flood barriers which will divert floodwaters or which may increase flood hazards in other areas; and
6. Controlling development to assure that new development does not increase the flood or drainage hazards to others, or create unstable conditions susceptible to erosion. (Ord. 17-2866, 1-23-2017)