Section 15.08.130   Amendments to Metropolitan Water Reclamation District of Greater Chicago Countywide Watershed Management Ordinance, October 2013.
   A.   Amendments. The following provisions of the Metropolitan Water Reclamation District of Greater Chicago Countywide Watershed Management Ordinance, October 2013, are amended for adoption by the Village and shall provide as follows:
      1.   Section 200.5 Existing structures that do not conform to the requirements of this Ordinance shall not be substantially improved, replaced, or enlarged in any manner unless such substantial improvements, replacements, or enlargements conform to the requirements of this Ordinance.
      2.   Section 602.1 For substantial improvements to single family homes or a new building or a foundation expansion of an existing building that increases the building footprint by the lesser of either twenty percent (20%) or 2,500 square feet, in aggregate, the proposed lowest floor shall be elevated to at least the FPE in accordance with the requirements specified in §602.8, §602.9, §602.10, and the local municipality's NFIP ordinance. A non-residential new building or a foundation expansion to an existing building that increases the building footprint by the lesser of either twenty percent (20%) or 2,500 square feet may be floodproofed in accordance with the municipality's NFIP ordinance.
      3.   Section 602.2 New building or foundation expansions to existing buildings that increases the building footprint by the lesser of either twenty percent (20%) or 2,500 square feet, in aggregate, or substantial improvements to single family homes, with the lowest floor below the BFE, shall comply with the following:
         A.   The lowest entry elevation, shall be at or above the FPE;
         B.   Provide compensatory storage per §602.5 and §602.6 of this Ordinance;
         C.   Demonstrate that a building, and foundation below the BFE are reasonably safe from flooding per design standards requirements in Technical Bulletin 10-01 issued by FEMA; and
         D.   Obtain a Letter of Map Revision Based on Fill (LOMR-F) if the building is in the regulatory floodplain.
      4.   Section 602.8 New structures that are elevated, existing structures that are floodproofed, foundation expansions, or substantial improvements shall:
         A.   Be anchored to prevent flotation, collapse, or lateral movement;
         B.   Use flood resistant materials below the FPE;
         C.   Use construction methods and practices that do not increase the potential for increases in flood damage;
         D.   Elevate electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities to the FPE or higher;
         E.   Provide adequate access and drainage; and
         F.   Provide a backup power source that will activate without human intervention if electricity is required.
   B.   Definition of Development. The definition of "Development" contained in Appendix A of the Metropolitan Water Reclamation District of Greater Chicago Countywide Watershed Management Ordinance, October 2013, is amended for adoption by the Village and shall read as follows:
      Development. Any human-induced activity or change to real estate (including, but not limited to, grading, paving, excavation, fill, or mining; alteration, subdivision, change in land use or practice; building; or storage of equipment or materials) undertaken by private or public entities that affects the volume, flow rate, drainage pattern or composition of stormwater or the substantial improvement of an existing building in a Special Flood Hazard Area. The term development shall include redevelopment and shall be understood to not include maintenance, maintenance activities, or demolition. [Compare development with maintenance, maintenance activity, and demolition.]
   C.   Definition of Substantial Improvement. Appendix A of the Metropolitan Water Reclamation District of Greater Chicago Countywide Watershed Management Ordinance, October 2013, is amended for adoption by the Village to include the following definition of "Substantial Improvement"
      Substantial Improvement. Determined by the local municipality in accordance with NFIP regulation. FEMA defines substantial improvement as "Any repair, reconstruction, rehabilitation, addition, or other improvement of a building, the cost of which improvement equals or exceeds, individually or in the aggregate, fifty percent (50%) of the fair market value of the building, determined from the equalized assessed value of the building before the start of construction of the improvement. This term includes buildings which have incurred "substantial damage", regardless of the actual repair work performed." The term "cost of improvement" includes the market value of volunteer labor and donated materials. The term "cost of improvement" does not, however, include either (a) any project for improvement of a building to correct existing violations of state or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to assure safe living conditions or (b) any alteration of a historic building or a historic district that will not preclude the building's continued designation as a historic building.
(MC-7-2019, Added, 08/20/2019)