This chapter is enacted pursuant to the police powers granted to this city by 65 Illinois Compiled Statutes 5/1-2-1, 5/11-12-12, 5/11-30-2, 5/11-30-8, and 5/11-31-2 in order to accomplish the following purposes:

   (A)   To prevent unwise developments from increasing flood or drainage hazards to others;

   (B)   To protect new buildings and major improvements to buildings from flood damage;

   (C)   To protect human life and health from hazards of flooding;

   (D)   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;

   (E)   To maintain property values and a stable tax base by minimizing the potential for creating flood blighted areas; and

   (F)   To make federally subsidized flood insurance available for property in the city by fulfilling the requirements of the national flood insurance program. (Ord. 398, 4-13-1987; amd. Ord. 867, 11-5-2001)

For the purposes of this chapter, the following definitions are adopted:

BASE FLOOD: The flood having a one percent (1%) probability of being equaled or exceeded in any given year. The base flood is also known as the 100-year flood. The base flood elevation at any location is as defined in section 12-15-5 of this chapter.

BASE FLOOD ELEVATION (BFE): The elevation in relation to mean sea level of the crest of the base flood.

BASEMENT: That portion of a building having its floor subgrade (below ground level) on all sides.

BUILDING: All walled and roofed structure, including gas or liquid storage tank, that is principally aboveground, including manufactured homes, prefabricated buildings and gas or liquid storage tanks. The term includes recreational vehicles and travel trailers installed on a site for more than one hundred eighty (180) days per year.

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.

   Examples of critical facilities where flood protection should be required include: emergency services facilities (such as fire and police stations), schools, hospitals, retirement homes and senior care facilities, major roads and bridges, critical utility sites (telephone switching stations or electrical transformers), and hazardous material storage facilities (chemicals, petrochemicals, hazardous or toxic substances).

DEVELOPMENT: Any manmade change to real estate including, but not necessarily limited to:

   (A)   Demolition, construction, reconstruction, repair, placement of a building, or any structural alteration to a building;

   (B)   Substantial improvement of an existing building;

   (C)    Installation of a manufactured home on a site, preparing a site for a manufactured home, or installing a travel trailer on a site for more than one hundred eighty (180) days per year;

   (D)   Installation of utilities, construction of roads, bridges, culverts or similar projects;

   (E)   Construction or erection of levees, dams, walls or fences;

   (F)   Drilling, mining, filling, dredging, grading, excavating, paving, or other alterations of the ground surface;

   (G)   Storage of materials including the placement of gas and liquid storage tanks, and channel modifications or any other activity that might change the direction, height, or velocity of flood or surface waters.

"Development" does not include routine maintenance of existing buildings and facilities, resurfacing roads, or gardening, plowing, and similar practices that do not involve filling, grading, or construction of levees.

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 floodplain management regulations adopted by a community.

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.

FLOOD: A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow, the unusual and rapid accumulation, or the runoff of surface waters from any source.

FLOOD FRINGE: That portion of the floodplain outside of the regulatory floodway.

FLOOD INSURANCE RATE MAP: A map prepared by the federal emergency management agency that depicts the floodplain or special flood hazard area (SFHA) within a community. This map includes insurance rate zones and may or may not depict floodways and show base flood elevations.

FLOOD INSURANCE STUDY: An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations.

FLOOD PROTECTION ELEVATION (FPE): The elevation of the base flood plus one foot (1') of freeboard at any given location in the floodplain.

FLOODPLAIN AND SPECIAL FLOOD HAZARD AREA (SFHA): These two (2) terms are synonymous. Those lands within the jurisdiction of the city of Clinton, Illinois, the extraterritorial jurisdiction of the city of Clinton, Illinois, or that may be annexed into the city of Clinton, Illinois, that are subject to inundation by the base flood. The floodplains of the city of Clinton, Illinois, are generally identified as such on panel numbers 0215E and 0220E of the countywide flood insurance rate map of the county of DeWitt prepared by the federal emergency management agency and dated November 2, 2007. Floodplain also includes those areas of known flooding as identified by the community.

   The floodplains of those parts of unincorporated county of DeWitt that are within the extraterritorial jurisdiction of the city of Clinton, Illinois, or that may be annexed into the city of Clinton, Illinois, are generally identified as such on the flood insurance rate map prepared for DeWitt County by the federal emergency management agency and dated November 2, 2007.

FLOODPROOFING: Any combination of structural or nonstructural additions, changes, or adjustments to structures which reduce or eliminated flood damage to real estate, property and their contents.

FLOODPROOFING CERTIFICATE: A form published by the federal emergency management agency that is used to certify that a building has been designed and constructed to be structurally dry and floodproofed to the flood protection elevation.

FLOODWAY: That portion of the floodplain required to store and convey the base flood. The floodway for the floodplains of Coon, Goose and Ten Mile Creeks shall be as delineated on the countywide flood insurance rate map of DeWitt County prepared by FEMA and dated November 2, 2007. The floodways for each of the remaining floodplains of the city of Clinton, Illinois, shall be according to the best data available from federal, state, or other sources.

FREEBOARD: An increment of elevation added to the base flood elevation 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 structure that is:

   (A)   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.

   (B)   Certified or preliminarily determined by the secretary of the interior as contributing to the historic district or a district preliminarily determined by the secretary to qualify as a registered historic district.

   (C)   Individually listed on the state inventory of historic places by the Illinois historic preservation agency.

   (D)   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.

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 building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of section 12-15-15 of this chapter.

MANUFACTURED HOME: A structure transportable in one or more sections, that is built on a permanent chassis and is designed to be used with or without a permanent foundation when connected to required utilities.

MANUFACTURED HOME PARK OR SUBDIVISION: A parcel (or contiguous parcels) of land divided into two (2) or more lots for rent or sale.

NFIP: National flood insurance program.

NEW CONSTRUCTION: Structures for which the start of construction commenced or after the effective date of floodplain management regulations adopted by a community and includes any subsequent improvements of such structures.

NEW 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 on or after the effective date of the floodplain management regulations adopted by a community.

RECREATIONAL VEHICLE OR TRAVEL TRAILER: A vehicle which is:

   (A)   Built on a single chassis;

   (B)   Four hundred (400) square feet or less in size;

   (C)   Designed to be self-propelled or permanently towable by a light duty truck and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

REPETITIVE LOSS: Flood related damages sustained by a structure on two (2) separate occasions during a ten (10) year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds twenty five percent (25%) of the market value of the structure before the damage occurred.

SFHA: See definition of Floodplain And Special Flood Hazard Area (SFHA).

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 one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure 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 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.

STRUCTURE: See definition of Building.

SUBSTANTIAL DAMAGE: Damage of any origin sustained by structure whereby the cumulative percentage of damage subsequent to the adoption of this chapter equals or exceeds fifty percent (50%) of the market value of the structure 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 definition of Repetitive Loss).

SUBSTANTIAL IMPROVEMENT: Any reconstruction, rehabilitation, addition or improvement of a structure taking place subsequent to the adoption of this chapter in which the cumulative percentage of improvements:

   (A)   Equals or exceeds fifty percent (50%) of the market value of the structure before the improvement or repair is started, or

   (B)   Increases the floor area by more than twenty percent (20%).

"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 structure. This term includes structures which have incurred repetitive loss or substantial damage, regardless of the actual repair work done. The term does not include:

   (A)   Any project for improvement of a structure 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 structure listed on the National Register of Historic Places or the Illinois Register of Historic Places.

VIOLATION: The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the required federal, state, and/or local permits and elevation certification is presumed to be in violation until such time as the documentation is provided. (Ord. 1094, 10-15-2007)

There is hereby created the office of building official of the city, an administrative office of the city. The office shall be filled by appointment of a person educated, trained or experienced in construction practices or by contract with another governmental inspection agency. The appointment or contract shall be made by the mayor, subject to the approval of the city council. (Ord. 470, 9-18-1989; amd. Ord. 867, 11-5-2001)

The building official shall be responsible for the general administration and enforcement of this chapter, including, but not limited to, the following duties:

   (A)   Ensure that all development activities within the SFHAs of the jurisdiction of the city meet the requirements of this chapter.

   (B)   Provide information and assistance to citizens upon request about permit procedures and floodplain construction techniques.

   (C)   Ensure that construction authorization has been granted by the Illinois department of transportation, division of water resources for all development projects subject to section 12-15-14 of this chapter, and maintain a record of such authorization.

   (D)   Maintain a record of the as built elevation of the lowest floor (including basement) of all buildings subject to section 12-15-15 of this chapter.

   (E)   Maintain a record of the engineer's certificate and the as built floodproofed elevation of all buildings subject to subsection 12-15-15(D) of this chapter.

   (F)   Inspect all development projects to ensure they comply with the provisions of this chapter.

   (G)   Cooperate with state and federal floodplain management agencies to improve base flood and floodway data and to improve the administration of this chapter. Submit reports as required for the national flood insurance program.

   (H)   Maintain for public inspection and furnish upon request base flood data, SFHA maps, copies of federal or state permit documents and as built elevation and floodproofing data for all buildings constructed subject to this chapter. (Ord. 398, 4-13-1987; amd. Ord. 867, 11-5-2001)

This chapter's protection standard is the base flood. The best available base flood data are listed below. Whenever a party disagrees with the best available data, the party may finance the detailed engineering study needed to replace existing data with better data and submit it to the state water survey and the federal emergency management agency. (Ord. 398, 4-13-1987; amd. Ord. 867, 11-5-2001)

   (A)   The base flood elevation for the SFHAs of Goose, Coon and Ten Mile Creeks shall be as delineated on the 100-year flood profiles in the flood insurance study of the city prepared by the federal emergency management agency and dated November 2, 2007. (Ord. 1094, 10-15-2007)

   (B)   The base flood elevation for each SFHA delineated as an "AH zone" or "AO zone" shall be that elevation (or depth) delineated on the flood insurance rate map of the city.

   (C)   The base flood elevation for each of the remaining SFHAs delineated as an "A zone" on the flood insurance rate map of the city shall be according to the best data available to the Illinois state water survey floodplain information repository. When no base flood elevation exists, the base flood elevation shall be the 100-year flood depth calculated according to the formulas presented in depth and frequency of floods in Illinois published by the U.S. geological survey, 1976. (Ord. 398, 4-13-1987; amd. Ord. 867, 11-5-2001)

   (D)   The base flood elevation for the SFHAs of those parts of unincorporated DeWitt County that are within the extraterritorial jurisdiction of the city or that may be annexed into the city shall be as delineated on the 100-year flood profiles in the flood insurance study of DeWitt County prepared by the federal emergency management agency and dated November 2, 2007. (Ord. 1094, 10-15-2007)

No person, firm, corporation, or governmental body not exempted by state law shall commence any development in the SFHA without first obtaining a development permit from the building official. The building official shall not issue a development permit if the proposed development does not meet the requirements of this chapter.

   (A)   The application for a development permit shall be accompanied by drawings of the site, drawn to scale showing property line dimensions; existing grade elevations and all changes in grade resulting from excavation or filling; the location and dimensions of all buildings and additions to buildings; and the elevation of the lowest floor (including basement) of all proposed buildings subject to the requirements of section 12-15-15 of this chapter.

   (B)   Upon receipt of an application for a development permit, the building official shall compare the elevation of the site to the base flood elevation. Any development located on land that can be shown to have been higher than the base flood elevation as of the date of the site's first flood insurance rate map identification is not located in the SFHA and therefore not subject to the requirements of this chapter. The building official shall maintain documentation of the existing ground elevation at the development site and certification that this ground elevation existed prior to the date of the site's first flood insurance rate map identification.

   (C)   The building official shall inform the applicant of any and all other local, state, and federal permits that may be required for this type of development activity. The building official shall not issue the development permit unless all required federal and state permits have been obtained. (Ord. 398, 4-13-1987; amd. Ord. 867, 11-5-2001)

It shall be unlawful to use or occupy any buildings or any development site or any part thereof hereafter constructed in the SFHA without first making application for obtaining a use permit from the building official. Request for a use permit shall be submitted to the building official upon completion of the work authorized in the development permit issued for the project in question. If, upon final inspection of a building or development site, the building official finds that the work has been performed in accordance with the approved application and plans of the development permit, a use permit shall be issued. If final inspection reveals otherwise, a use permit may not be issued until all deficiencies are corrected. (Ord. 398, 4-13-1987; amd. Ord. 867, 11-5-2001)

The building official shall examine each application for a permit within three (3) days' time after filing. If, after examination, it appears that the proposed development or use of the site will be in compliance with this chapter and such other ordinances and resolutions passed by the city council applicable thereto, the building official shall approve such application and issue the appropriate permit as soon as practicable. If the examination reveals otherwise, the application shall be rejected and the building official's findings shall be noted in a written report to be attached to the application. A copy of the report shall be provided to the applicant upon request. (Ord. 398, 4-13-1987; amd. Ord. 867, 11-5-2001)

   (A)   All work performed under a development permit shall conform to the approved application and plans, and approved amendments thereto.

   (B)   A copy of the development permit shall be posted in a conspicuous place on the premises, in plain view from a public road, during the execution of the work and until completion of the same.

   (C)   A development permit under which no work is commenced within six (6) months after issuance shall expire by limitation and a new development permit shall be secured before work is started. (Ord. 398, 4-13-1987; amd. Ord. 867, 11-5-2001)

All work for which a permit is required shall be subject to inspection by the building official or a duly authorized representative. It shall be unlawful to refuse to permit the building official or the representative to enter such premises or structure at any reasonable time to make an inspection. It shall be unlawful to interfere with or hinder the building official or the representative when in the performance of their duties. (Ord. 398, 4-13-1987; amd. Ord. 867, 11-5-2001)

The building official may revoke a permit in case there has been any false statement or misrepresentation as to be material fact in the application or plans on which the permit was based. The building official may revoke a permit or plans on which the permit was based. The building official may revoke a permit when work is performed contrary to the provisions of the application or plans on which the permit is based. When a permit is revoked, the building official shall inform the permittee in writing of the specific steps the permittee must take in order to have the permit reissued. It shall be unlawful to continue any work authorized by a permit after revocation of that permit and until the permit is reissued or until a new permit is issued. (Ord. 398, 4-13-1987; amd. Ord. 867, 11-5-2001)

Nothing in this chapter shall require changes in the plans, construction or designated use of a building or other development project or portion thereof which has been otherwise lawfully authorized, or the construction of which shall have been actually begun and which entire building or development project shall be completed within one year of the effective date of this chapter. (Ord. 398, 4-13-1987; amd. Ord. 867, 11-5-2001)

Fees for permits shall be as follows:

   (A)   For a use permit: No fee.

   (B)   For a development for clearing debris, demolishing buildings, or removing buildings out of the SFHA: No fee.

   (C)   For construction of a building valued at more than one hundred thousand dollars ($100,000.00): One hundred dollars ($100.00).

   (D)   For construction or reconstruction of a building valued at less than one hundred thousand dollars ($100,000.00) and for any other development project that required three (3) site inspections by the building official: Seventy five dollars ($75.00).

   (E)   For improvements made to an existing building, for installing a manufactured home on a permanent site, and for any other development project: Fifty dollars ($50.00). (Ord. 398, 4-13-1987; amd. Ord. 867, 11-5-2001)

No development in the SFHA shall create a damaging or potentially damaging increase in flood heights or velocity or threat to public health and safety. (Ord. 398, 4-13-1987; amd. Ord. 867, 11-5-2001)

   (A)   Within the floodway identified on the flood insurance rate map, the following standards shall apply: (Ord. 398, 4-13-1987; amd. Ord. 470, 9-18-1989; Ord. 867, 11-5-2001)

      1.   Except as provided in subsection (A)2 of this section, no development shall be allowed which, acting in combination with existing or future similar works, will cause any increase in the base flood elevation. The specific development activities identified in subsection (B)2 of this section shall be considered as meeting this requirement.

      2.   No increase in the base flood elevation may be permitted unless:

         (a)   The total cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the base flood elevation more than one foot (1') for the affected hydraulic reach of the stream and will not increase flood damages or potential flood damages;

         (b)   A permit has been issued by the Illinois department of transportation, division of water resources as required in subsection (B)1 of this section; and

         (c)   For all projects involving channel modifications or fill (including levees), the city shall submit sufficient data to the federal emergency management agency to revise the regulatory flood data.

   (B)   Within all other riverine SFHAs, the following standards shall apply:

      1.   In addition to the other requirements of this chapter, a development permit for a site located in a floodway (or in a riverine SFHA where no floodway has been identified) shall not be issued unless the applicant first obtains a permit or written documentation that a permit is not required from the Illinois department of transportation, division of water resources, issued pursuant to 615 Illinois Compiled Statutes 5/52 et seq.

      2.   The following activities may be constructed without the individual permit required in subsection (B)1 of this section in accordance with statewide permits issued by the Illinois department of transportation, division of water resources, provided the activities do not involve placement of fill, change of grade, or construction in the normal channel. Such activities must still meet the other requirements of this chapter.

         (a)   The construction of wells, septic tanks, and underground utility lines not crossing a lake or stream;

         (b)   The construction of light poles, signposts and similar structures;

         (c)   The construction of sidewalks, driveways, athletic fields (excluding fences), patios and similar surfaces which are built at grade;

         (d)   The construction of properly anchored, unwalled, open structures such as playground equipment, pavilions, and carports;

         (e)   The placement of properly anchored buildings not exceeding seventy (70) square feet in size, nor ten feet (10') in any dimension (e.g., animal shelters and toolsheds); and

         (f)   The construction of additions to existing buildings which do not increase the first floor area by more than twenty percent (20%), which are located on the upstream or downstream side of the existing building, and which do not extend beyond the sides of the existing building that are parallel to the flow of floodwaters.

      3.   The total cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the base flood elevation more than one foot (1') for the affected hydraulic reach of the stream and will not increase flood damages or potential flood damages.

   (C)   Public health standards in all SFHAs:

      1.   No development in the SFHA shall include locating or storing chemicals, explosives, buoyant materials, flammable liquids, pollutants, or other hazardous or toxic materials below the FPE unless such materials are stored in a storage tank or floodproofed building constructed according to the requirements of subsection 12-15-15(D) of this chapter.

      2.   New and replacement sanitary sewer lines and on site waste disposal systems may be permitted, providing all manholes or other aboveground openings located below the FPE are watertight. (Ord. 398, 4-13-1987; amd. Ord. 867, 11-5-2001)

In addition to the damage prevention requirements of section 12-15-14 of this chapter, all buildings to be located in the SFHA shall be protected from flood damage below the FPE. This building protection requirement applies to the following situations:

   Construction or placement of a new building valued at more than one thousand dollars ($1,000.00);

   Structural alterations made to an existing building that increases the floor area by more than twenty percent (20%), or the market value of the building by more than fifty percent (50%);

   Reconstruction or repairs made to a damaged building that are valued at or more than fifty percent (50%) of the market value of the building before the damage occurred;

   Installing a manufactured home on a new site or a new manufactured home on an existing site. This chapter does not apply to returning a manufactured home to the same site it lawfully occupied before it was removed to avoid flood damage; and

   Installing a travel trailer on a site for more than one hundred eighty (180) days.

This building protection requirement may be met by one of the following methods. The building official shall maintain a record of compliance with these building protection standards as required in section 12-15-4 of this chapter.

   (A)   A residential or nonresidential building may be constructed on permanent landfill in accordance with the following:

      1.   The fill shall be placed in layers no greater than one foot (1') deep before compaction.

      2.   The lowest floor (including basement) shall be at or above the FPE. The fill should extend at least ten feet (10') beyond the foundation of the building before sloping below the FPE.

      3.   The fill shall be protected against erosion and scour during flooding by vegetative cover, riprap, or bulkheading. If vegetative cover is used, the slopes shall be no steeper than three (3) horizontal to one vertical.

      4.   The fill shall not adversely affect the flow of surface drainage from or onto neighboring properties.

   (B)   A residential or nonresidential building may be elevated in accordance with the following:

      1.   The building or improvements shall be elevated on crawlspace, walls, stilts, piles, or other foundation provided:

         (a)   The walls have permanent openings no more than one foot (1') above grade; and

         (b)   The walls and floor are not subject to damage by hydrostatic pressures associated with the base flood.

      2.   The foundation and supporting members shall be anchored and aligned in relation to flood flows and adjoining structures so as to minimize exposure to known hydrodynamic forces such as current, waves, ice, and floating debris.

      3.   All areas below the FPE shall be constructed of materials resistant to flood damage. The lowest floor (including basement) and all electrical, heating, ventilating, plumbing, and air conditioning equipment and utility meters shall be located at or above the FPE. Water and sewer pipes, electrical and telephone lines, submersible pumps, and other waterproofed service facilities may be located below the FPE.

   (C)   Manufactured homes and travel trailers to be installed on a site for more than one hundred eighty (180) days shall be:

      1.   Elevated at or above the FPE in accordance with subsection (A) or (B) of this section, and

      2.   Anchored to resist flotation, collapse, or lateral movement by being tied down in accordance with the rules and regulations for the Illinois mobile home tie down act issued pursuant to 210 Illinois Compiled Statutes.

   (D)   Only a nonresidential building may be floodproofed in accordance with the following:

      1.   A registered professional engineer shall certify that the building has been designed so that below the FPE, the structure and attendant utility facilities are watertight and capable of resisting the effects of the base flood. The building design shall take into account flood velocities, duration, rate of rise, hydrostatic and hydrodynamic forces, the effects of buoyancy, and impacts from debris or ice.

      2.   Floodproofing measures shall be operable without human intervention and without an outside source of electricity. (Ord. 398, 4-13-1987; amd. Ord. 867, 11-5-2001)

The city council shall take into account flood hazards, to the extent that they are known, in all official actions related to land management, use and development.

   (A)   New subdivisions, manufactured home parks, travel trailer parks, annexation agreements, planned unit developments (PUDs) and additions to manufactured home parks and subdivisions shall meet the requirements of sections 12-15-14 and 12-15-15 of this chapter. Plats or plans for new subdivisions, manufactured home parks, and planned unit developments (PUDs) shall include a signed statement by a registered professional engineer that the plat or plan accounts for changes in the drainage of surface waters in accordance with the plat act 1 .

   (B)   Proposals for new subdivisions, manufactured home parks, travel trailer parks, planned unit developments (PUDs) and additions to manufactured home parks and subdivisions shall include base flood elevation data and floodway delineations. Where this information is not available from an existing study filed with the Illinois state water survey, the applicant shall be responsible for calculating the base flood elevation and the floodway delineation and submitting it to the state water survey for review and approval as best available regulatory data. (Ord. 398, 4-13-1987; amd. Ord. 867, 11-5-2001)

Whenever the standards of this chapter place undue hardship on a specific development proposal, the applicant may apply to the zoning administrator for a variance. The zoning administrator shall review the applicant's request for a variance and shall submit its recommendation to the city council. The city council may attach such conditions to granting of a variance as it deems necessary to further the intent of this chapter.

   (A)   No variance shall be granted unless the applicant demonstrates that:

      1.   The development activity cannot be located outside the SFHA;

      2.   An exceptional hardship would result if the variance were not granted;

      3.   The relief requested is the minimum necessary;

      4.   There will be no additional threat to public health or safety or creation of a nuisance;

      5.   There will be no additional public expense for flood protection, rescue or relief operations, policing, or repairs to roads, utilities, or other public facilities; and

      6.   The provisions of subsection 12-15-6(C) of this chapter are met; and

      7.   The provisions of subsection 12-15-14(A) of this chapter are met.

   (B)   The zoning administrator shall notify an applicant in writing that a variance from the requirements of section 12-15-15 of this chapter that would lessen the degree of protection to a building will:

      1.   Result in increased premium rates for flood insurance coverage;

      2.   Increase the risks to life and property; and

      3.   Require that the applicant proceed with knowledge of these risks and that the applicant acknowledge in writing the assumption of the risk and liability.

   (C)   Variances to the building protection requirements of section 12-15-15 of this chapter requested in connection with the reconstruction, repair or alteration of a site or building included on the National Register of Historic Places or the Illinois Register of Historic Places may be granted using criteria more permissive than the requirements of subsections (A)1 through (A)5 of this section. (Ord. 398, 4-13-1987; amd. Ord. 867, 11-5-2001)

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of study. Larger floods may occur or flood heights may be increased by manmade or natural causes. This chapter does not imply that development either inside or outside of the SFHA will be free from flooding or damage. This chapter does not create liability on the part of the city or any officer or employee thereof for any flood damage that results from reliance on this chapter or any administrative decision made lawfully thereunder. (Ord. 398, 4-13-1987; amd. Ord. 867, 11-5-2001)

Failure to obtain a permit for development in the SFHA or failure to comply with the requirements of a permit or conditions of a variance resolution shall be deemed to be a violation of this chapter. Upon due investigation, the city attorney may determine that a violation of the minimum standards of this chapter exist. The city attorney shall notify the owner in writing of such violation.

   (A)   If such owner fails after ten (10) days' notice to correct the violation:

      1.   The city may make application to the circuit court for an injunction requiring conformance with this chapter or make such other order as the court deems necessary to secure compliance with this chapter.

      2.   Any person who violates this chapter shall, upon conviction thereof, be fined not less than five dollars ($5.00) nor more than five hundred dollars ($500.00).

      3.   A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.

   (B)   The city attorney shall inform the owner that any such violation is considered a wilful act to increase flood damages and therefore may cause coverage by a standard flood insurance policy to be suspended.

   (C)   Nothing herein shall prevent the city from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible. (Ord. 398, 4-13-1987; amd. Ord. 867, 11-5-2001)

This chapter repeals and replaces other ordinances adopted by city council to fulfill the requirements of the national flood insurance program including: n/a.

However, this chapter does not repeal the original resolution or ordinance adopted to achieve eligibility in the program. Nor does this chapter repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Where this chapter and other ordinance easements, covenants, or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. 398, 4-13-1987; amd. Ord. 867, 11-5-2001)

For all projects involving channel modification, fill, or stream maintenance (including levees), the flood carrying capacity of the watercourse shall be maintained.

In addition, the city of Clinton, Illinois, shall notify adjacent communities in writing thirty (30) days prior to the issuance of a permit for the alteration or relocation of the watercourse. (Ord. 1094, 10-15-2007)