A. Determining The Floodplain Designation:
1. Check all new development sites to determine whether they are in a special flood hazard area (SFHA).
2. If they are in an SFHA, determine whether they are in a floodway, flood fringe or in a floodplain for which a detailed study has not been conducted and which drains more than one square mile.
3. Check whether the development is potentially within an extended SFHA (with a drainage area less than 1 square mile), indicating that the development would have adverse impacts regarding storage, conveyance, or inundation which would be the basis for the applicant being required to delineate the floodplain and floodway and be subject to the remaining sections of this chapter.
B. Professional Engineer Review:
1. If the development site is within a floodway or in a floodplain for which a detailed study has not been conducted and which drains more than one square mile, the permit shall be referred to a licensed professional engineer (PE) under the employ or contract of the village for review to ensure that the development meets section 12-1-7 or 12-1-8 of this chapter.
2. In the case of an appropriate use, the PE shall state in writing that the development meets the requirements of section 12-1-7 of this chapter.
C. Dam Safety Requirements:
1. Dams are classified as to their size and their hazard/damage potential in the event of failure.
2. The construction or major modification of all class I (high hazard) and class II (moderate hazard) dams require an IDNR/OWR dam safety permit.
3. Some class III (low hazard) dams require an IDNR/OWR dam safety permit, depending on the drainage area to the dam, the height of the dam and the impounding capacity behind the dam. Most off channel detention basins that have an embankment are nonjurisdictional class III dams. It is not required that IDNR/OWR "sign off" on all nonjurisdictional class III dams.
4. A consulting engineer with dam safety knowledge can estimate a hazard classification and determine if an IDNR/OWR dam safety permit is required.
5. A permit application submittal must be made to IDNR/OWR for the construction or major modification of jurisdictional dams.
6. Regulated dams may include weirs, restrictive culverts or impoundment structures.
D. Other Permit Requirements: Ensure any and all required federal, state and local permits are received prior to the issuance of a floodplain development permit.
E. Plan Review And Permit Issuance:
1. Ensure that all development activities within the SFHAs of the jurisdiction of the village meet the requirements of this chapter; and
2. Issue a floodplain development permit in accordance with the provisions of this chapter and other regulations of this community when the development meets the conditions of this chapter.
F. Inspection Review:
1. Inspect all development projects before, during and after construction to ensure proper elevation of the structure and to ensure compliance with the provisions of this chapter; and
2. Schedule on an annual basis an inspection of the floodplain and document the results of the inspection.
G. Damage Determinations: Make damage determinations of all damaged buildings in the SFHA after a flood to determine substantially damaged structures which must comply with subsection 12-1-9C3 of this chapter.
H. Elevation And Floodproofing Certificates: Maintain permit files including:
1. An elevation certificate certifying the elevation of the lowest floor (including basement) of a residential or nonresidential building subject to section 12-1-9 of this chapter; and/or
2. The elevation to which a nonresidential building has been floodproofed, using a floodproofing certificate, for all buildings subject to section 12-1-9 of this chapter.
I. Records For Public Inspection: Maintain for public inspection and furnish upon request base flood data, SFHA and designated floodway maps, copies of federal or state permit documents, variance documentation, conditional letter of map revision, letter of map revision, letter of map amendment and "as built" elevation and floodproofing and/or elevation certificates for all buildings constructed subject to this chapter.
J. State Permits: Ensure that construction authorization has been granted by IDNR/OWR, for all development projects subject to sections 12-1-7 and 12-1-8 of this chapter, unless enforcement responsibility has been delegated to the village. However, the following review approvals are not delegated to the village and shall require review or permits from IDNR/OWR:
1. Organizations which are exempt from this chapter, as per the Illinois Compiled Statutes;
2. IDNR/OWR projects, dams or impoundment structures as defined in section 12-1-2 of this chapter and all other state, federal or local unit of government projects, including projects of the village and county, except for those projects meeting the requirements of subsection 12-1-7B1 of this chapter;
3. 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, per subsection 12-1-7B3e of this chapter;
4. An engineer's analysis of the flood profile due to subsection 12-1-7B3d of this chapter;
5. Alternative transition sections and hydraulically equivalent compensatory storage as indicated in subsections 12-1-7B3a, B3b and B3h of this chapter;
6. Permit issuance of structures within, under, or over publicly navigable rivers, lakes and streams;
7. Any changes in the mapped floodway or published flood profiles.
K. Cooperation With Other Agencies:
1. Cooperate with state and federal floodplain management agencies to improve base flood or 100-year frequency flood and floodway data and to improve the administration of this chapter;
2. Submit data to IDNR/OWR and FEMA for proposed revisions of a regulatory map within six (6) months whenever a modification of the floodplain may change the base flood elevation or result in a change to the floodplain map;
3. Submit reports as required for the national flood insurance program; and
4. Notify FEMA of any proposed amendments to this chapter.
L. Promulgate Regulations: Promulgate rules and regulations as necessary to administer and enforce the provisions of this chapter, subject however to the review and approval of IDNR/OWR and FEMA for any chapter changes.
M. Substantial Damage and Substantial Improvement Determinations: Establish procedures for administering and documenting determinations, as outlined below, of substantial improvement and substantial damage made pursuant to Section 12-1-9.
Determine the market value or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building before the start of construction of the proposed work. In the case of repair, the market value of the building shall be the market value before the damage occurred and before any repairs are made.
1. Compare the cost to perform the improvement, the cost to repair a damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building.
2. Determine and document whether the proposed work constitutes substantial improvement or substantial damage.
3. Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the village and this chapter is required.
N. Variances: If a variance is to be granted, review the requirements of Section 12-1-11 to make sure they are met. In addition, complete all notifications requirements.
O. Enforcement: In order to assure that property owners obtain permits as required in this chapter, take any and all actions as outlined in Section 12-1-13. (Ord. 08-06, 3-18-2008; Ord. 2019-51, 10-15-2019)
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