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Kildeer City Zoning Code

CHAPTER 11

FLOODPLAIN AREAS

5-11-1: DEFINITIONS:

FLOODPLAIN: All areas with an elevation greater than the normal water level or pool elevation, but equal to or lower than the flood base elevation, and also shall include any land of higher elevation, having an area less than the minimum residential lot size established for the district in which it is located and which is surrounded by lands having an elevation equal to or less than the flood base elevation.
FLOODPLAIN VERIFICATION: The exact limits of any area of the village shown to be within the floodplain may be determined and verified upon presentation of documentation by an Illinois registered land surveyor or engineer.
MAPS: Areas within the village are included in the floodplain, in accordance with definition of "floodplain", and so designated on the federal emergency management agency's 1980 flood insurance study and its related 1981 floodway and rate maps, which is hereby incorporated by reference to the extent of territory within the village covered by such maps. (Ord. 76-O-227, 12-2-1976; amd. Ord. 84-O-385, 5-7-1984)

5-11-2: PERMITTED AND SPECIAL USES:

All lands deemed to be in the floodplain shall be subject to the regulations of this section.
   A.   Permitted Uses: The following uses are permitted in the floodplain:
      Farming/agricultural.
      Hiking trails and bridle paths.
      Improvements or additions to buildings or structures to be located wholly above the flood base elevation in instances where an Illinois registered land surveyor has certified that the top of the existing foundation is above the flood base elevation and that the property that the improvements or additions are to be put upon shall be certified not to be in the floodplain area.
      Nurseries or orchards.
      Recreation, such as, but not limited to, arboreta, wildlife sanctuaries or woodland area.
      Storm water detention basins.
      Utility lines (underground).
      All activities incidental to and customarily associated with any of the foregoing. (Ord. 76-O-227, 12-2-1976)
   B.   Special Uses: The following may be permitted in the floodplain upon approval of the village board of trustees after the plan commission/board of appeals has reviewed the uses or changes being considered and its recommendations submitted thereto: improvements, structures and buildings, provided all of the following conditions are met: (Ord. 76-O-227, 12-2-1976; amd. Ord. 05-O-942, 11-7-2005)
      1.   The proposed site of the building or structure shall be filled so that the elevation of the top of the foundation for the building, improvement or structure is at least one foot (1') above the flood base elevation.
      2.   Basements, cellars or crawl spaces shall be made of concrete structurally adequate, poured in place with no openings below an elevation one foot (1') above the flood base elevation unless surrounded by a watertight area whose top is not lower than the aforesaid minimum elevation, all in accordance with the existing building code of the village 1 .
      3.   When fill or structure is used to meet any elevation requirements set forth in these regulations, any flood reservoirs or water retention basins shall be constructed toward the source of floodwater of such dimensions as to contain a volume of water equal to that displaced by that portion of the fill or structure below the flood base elevation. All construction shall be in accordance with the official village standards. (Ord. 76-O-227, 12-2-1976)

5-11-3: ADJACENT AREAS:

Regulations of the areas less than one foot (1') above the flood base elevation shall be as follows:
   A.   Conditions Of Use: All lands adjacent to the floodplain and less than one foot (1') above the level of the flood base elevation are subject to the regulations of section 5-11-2 of this chapter, unless said lands are filled and elevation thereof raised to an elevation one foot (1') or more above the flood base elevation.
   B.   Construction Within Adjacent Areas: In the event said lands are filled and elevation thereof raised to an elevation of one foot (1') or more above the flood base elevation, or shall be less than one foot (1') above the flood base elevation, no building or structure shall be constructed or moved within said area unless all of the following conditions are met:
      1.   The proposed site of the building or structure shall be filled so that the elevation of the top of the foundation for the building, improvement or structure is at least one foot (1') above the flood base elevation.
      2.   Basements, cellars or crawl spaces shall be made of concrete structurally adequate, poured in place with no openings below an elevation one foot (1') above the flood base elevation unless surrounded by a watertight area whose top is not lower than the aforesaid minimum elevation, all in accordance with the existing building code of the village.
      3.   When fill or structure is used to meet any elevation requirements set forth in these regulations, any flood reservoirs or water retention basins shall be constructed toward the source of floodwater of such dimensions as to contain a volume of water equal to that displaced by that portion of the fill or structure below the flood base elevation. All construction shall be in accordance with the official village standards. (Ord. 76-O-227, 12-2-1976)

5-11-4: PROCEDURE ON PERMITS AND APPEALS:

The procedure for issuance of building permits, special use permits, and appeals shall be those provided for in this code. (Ord. 76-O-227, 12-2-1976)

5-11-5: MUNICIPAL LIABILITY:

The granting of a zoning approval of a subdivision plan in any floodplain area shall not constitute a representation, guarantee or warranty of any kind by the corporate authorities of the village, or by an officer or employee thereof, of the practicability or safety of any structure, use or plan, and shall create no liability upon, or cause of action against the village, any officer or employee, for damage which may result therefrom. (Ord. 76-O-227, 12-2-1976)