This chapter is enacted pursuant to the police powers granted to this city by ILCS Ch. 65, Act 5, §§ 1-2-1, 11-12-12, 11-30-2, 11-30-8, and 11-31-1, 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 the 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.

(1983 Code, § 8.5-1; Ord. 2549, passed 11-9-1989)

This chapter repeals and replaces other ordinances adopted by the City Council to fulfill the requirements of the National Flood Insurance Program. 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.

(1983 Code, § 8.5-12; Ord. 2549, passed 11-9-1989)

For

the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Base flood means the flood having a 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 § 152.05 of this code.

Building means a structure that is principally above ground and is enclosed by walls and a roof. The term includes a gas or liquid storage tank, a mobile home, or a prefabricated building. The term does not include recreational vehicles or travel trailers.

Development means:

(A)

Any human-made change to real estate, including:

(1)

Construction, reconstruction, or placement of a building or any addition to a building valued at more than $1,000;

(2)

Installing a mobile home on a site or preparing a site for a mobile home;

(3)

Drilling, mining, installing utilities, construction of roads, or similar projects valued at more than $1,000;

(4)

Construction or erection of levees, walls, fences, bridges, or culverts;

(5)

Filling, dredging, grading, excavating, or other nonagricultural alterations of the ground surface;

(6)

Storage of materials; or

(7)

Any other activity that might change the direction, height, or velocity of flood or surface waters.

(B)

Development does not include the maintenance of existing buildings and facilities, such as re-roofing, resurfacing roads, or gardening, plowing, and similar agricultural practices that do not involve filling, grading, or the construction of levees.

Flood means a general and temporary condition of inundation of normally dry land areas from the overflow, the unusual and rapid accumulation, or the runoff of surface waters from any source.

Floodway means the portion of the SFHA required to store and convey the base flood.

FPE or flood protection elevation means the elevation of the base flood plus 1 foot at any given location in the SFHA.

Riverine SFHA means any SFHA subject to flooding from a river, creek, intermittent stream, ditch, or any other identified channel. This term does not include areas subject to flooding from lakes (except public bodies of water), ponding areas, areas of sheet flow, or other areas not subject to overbank flooding.

SFHA or special flood hazard area means the lands within the jurisdiction of the city that are subject to inundation by the base flood. The SFHAs of the city are generally identified on the Flood Insurance Rate Map of the city prepared by the Federal Emergency Management Agency and dated August 19, 1985. The SFHAs of those parts of the unincorporated county that are within the extraterritorial jurisdiction of the city or that may be annexed into the city are prepared for the county by the Federal Emergency Management Agency, dated January 9, 1981.

(1983 Code, § 8.5-2; Ord. 2549, passed 11-9-1989)

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

(A)

Ensuring that all development activities within the SFHAs of the jurisdiction of the city meet the requirements of this chapter;

(B)

Providing information and assistance to citizens upon request about permit procedures and floodplain construction techniques;

(C)

Ensuring that construction authorization has been granted by the State Department of Transportation, Division of Water Resources, for all development projects subject to § 152.07 of this code and maintaining a record of that authorization;

(D)

Maintaining a record of the as-built elevation of the lowest floor (including basement) of all buildings subject to § 152.08 of this code;

(E)

Maintaining a record of the Engineer's certificate and the as-built floodproofed elevation of all buildings subject to § 152.08(B)(3) of this code;

(F)

Inspecting all development projects to ensure that they comply with the provisions of this chapter;

(G)

Cooperating with state and federal floodplain management agencies to improve base flood and floodway data and to improve the administration of this chapter; submitting reports as required for the National Flood Insurance Program; and

(H)

Maintaining for public inspection and furnishing 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.

(1983 Code, § 8.5-3; Ord. 2549, passed 11-9-1989)

This chapter's protection standard is the base flood. The best available 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. The base flood elevation for each of the 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 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.

(1983 Code, § 8.5-4; Ord. 2549, passed 11-9-1989)

(A)

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 Inspector. The Building Inspector shall not issue a development permit if the proposed development does not meet the requirements of this chapter.

(B)

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 § 152.08 of this code.

(C)

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.

(D)

The Building Inspector 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 Inspector shall not issue the development permit unless all required federal and state permits have been obtained.

(1983 Code, § 8.5-5; Ord. 2549, passed 11-9-1989)

Cross reference— Penalty, see § 152.99

(A)

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.

(B)

Within the floodway identified on the flood boundary floodway map, the following standards shall apply.

(1)

Except as provided in division (B)(2) below, 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 division (C)(2) 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 1 foot 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 State Department of Transportation, Division of Water Resources, as required in division (C)(1); 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.

(C)

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 State Department of Transportation, Division of Water Resources, issued pursuant to ILCS Ch. 615, Act 5, §§ 5 et seq.

(2)

The following activities may be constructed without the individual permit required in division (C)(1) in accordance with statewide permits issued by the State Department of Transportation, Division of Water Resources; provided that the activities do not involve the placement of fill, change of grade, or construction in the normal channel. Activities of this type 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, sign posts, 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 70 square feet in size or 10 feet in any dimension (for example, animal shelters and toolsheds); and

(f)

The construction of additions to existing buildings which do not increase the first floor area by more than 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 flood waters.

(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 1 foot for the affected hydraulic reach of the stream and will not increase flood damages or potential flood damages.

(D)

Public health standards in all SFHAs include the following.

(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 those materials are stored in a storage tank or floodproofed building constructed according to the requirements of § 152.08 of this code.

(2)

New and replacement sanitary sewer lines and on-site waste disposal systems may be permitted, provided that all manholes or other above-ground openings located below the FPE are watertight.

(1983 Code, § 8.5-6; Ord. 2549, passed 11-9-1989)

Cross reference— Penalty, see § 152.99

(A)

In addition to the damage prevention requirements of § 152.07, 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:

(1)

Construction or placement of a new building valued at more than $1,000;

(2)

Structural alterations made to an existing building that increase the floor area by more than 20% or the market value of the building by more than 50%;

(3)

Reconstruction or repairs made to a damaged building that are valued at not more than 50% of the market value of the building before the damage occurred;

(4)

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

(5)

Installing a travel trailer on a site for more than 180 days.

(B)

This building protection requirement may be met by 1 of the following methods. The Building Inspector shall maintain a record of compliance with these building protection standards as required in § 152.04 of this chapter:

(1)

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

(a)

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

(b)

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

(c)

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 3 horizontal to 1 vertical.

(d)

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

(2)

A residential or nonresidential building may be elevated in accordance with the following.

(a)

The building or improvements shall be elevated on crawl space, walls, stilts, piles, or other foundation provided:

1.

The walls have permanent openings no more than 1 foot above grade; and

2.

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

(b)

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 as current, waves, ice, and floating debris.

(c)

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.

(3)

Manufactured homes and travel trailers to be installed on a site for more than 180 days shall be:

(a)

Elevated at or above the FPE in accordance with divisions (B)(2)(a)1. or (B)(2)(a)2. above; and

(b)

Anchored to resist flotation, collapse, or lateral movement by being tied down in accordance with the rules and regulations for the State Mobile Home Tie-Down Act issued pursuant to ILCS Ch. 210, Act 120, §§ 1 through 6.

(4)

Only a nonresidential building may be floodproofed in accordance with the following.

(a)

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.

(b)

Floodproofing measures shall be operable without human intervention and without an outside source of electricity.

(1983 Code, § 8.5-7; Ord. 2549, passed 11-9-1989)

Cross reference— Penalty, see § 152.99

(A)

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.

(B)

New subdivisions, mobile home parks, annexation agreements, planned unit developments (PUDs), and additions to mobile home parks and subdivisions shall meet the requirements of §§ 152.07 and 152.08 of this code. Plats or plans for new subdivisions, mobile 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, ILCS Ch. 765, Act 205, § 2.

(C)

Proposals for new subdivisions, mobile home parks, planned unit developments (PUDs), and additions to mobile home parks and subdivisions shall include base flood elevation data. Where the base flood elevation is not available from an existing study filed with the State Water Survey, the applicant shall be responsible for calculating the base flood elevation and submitting it to the State Water Survey for review and approval at the best available elevation data.

(1983 Code, § 8.5-8; Ord. 2549, passed 11-9-1989)

Cross reference— Penalty, see § 152.99

(A)

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

(B)

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 § 152.06(D) of this code are met.

(C)

The Zoning Board of Appeals shall notify an applicant in writing that a variance from the requirements of § 152.08 that would lessen the degree of protection to a building will:

(1)

Result in increased premium rates for flood insurance up to amounts that may be as high as $25 for $100 of insurance coverage;

(2)

Increase the risks to life and property;

(3)

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

(4)

Variances to the building protection requirements of § 152.08 of this code requested in connection with the reconstruction, repair, or alteration of a site or building included on the National Register of Historic Places or the State Register of Historic Places may be granted using criteria more permissive than the requirements of divisions (B)(1) - (B)(5) of this section.

(1983 Code, § 8.5-9; Ord. 2549, passed 11-9-1989)

Cross reference— Penalty, see § 152.99

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 human-made 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.

(1983 Code, § 8.5-10; Ord. 2549, passed 11-9-1989)

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 Building Inspector may determine that a violation of the minimum standards of this chapter exists. The Building Inspector shall notify the owner of the violation.

(1983 Code, § 8.5-11; Ord. 2549, passed 11-9-1989)

Cross reference— Penalty, see § 152.99

(A)

Violation of any provision of this chapter for which no other penalty is provided shall, upon conviction, be punishable as provided in § 10.99 of this code.

(B)

(1)

If the owner fails, after 10 days' notice, to correct the violation described in § 152.12 of this code:

(a)

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

(b)

Any person who violates this chapter shall, upon conviction thereof, be fined not less than $25 nor more than $750; and

(c)

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

(2)

The Building Inspector shall inform the owner that any violation is considered a willful act to increase flood damages and, therefore, may cause coverage by a standard flood insurance policy to be suspended.

(3)

Nothing herein shall prevent the city from taking other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible.

(1983 Code, § 8.5-11; Ord. 2549, passed 11-9-1989)