The purpose of this chapter is to avoid the hazards to persons and damage to property resulting from flooding and to comply with the rules and regulations of the national flood insurance program as promulgated by the United States department of housing and urban development, federal insurance administration as provided in the rules and regulations of the federal register, vol. 41, no. 207, Tuesday, October 26, 1976, as amended, and which are hereby adopted by reference and filed in the office of the clerk. (Ord. 198, 10-3-1977)

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

BASE FLOOD: The flood having a one percent (1%) chance of being equalled or exceeded in any given year. The base flood is also known as the 100-year flood.

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

DEVELOPMENT: Any manmade change to improved or unimproved real estate, including, but not limited to, construction of or substantial improvements to buildings or other structures, the placement of mobile homes, mining, dredging, filling, grading, paving, excavation or drilling operations.

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

MOBILE HOME: A structure transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. For the purpose of this chapter it does not include recreational vehicles or travel trailers.

MUNICIPALITY: City of Momence, having jurisdiction under this chapter.

STRUCTURE: A walled and roofed building including a gas or liquid storage tank that is principally aboveground, as well as a mobile home and a prefabricated building.

SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either before the improvement or repair is started, or if the structure has been damaged, and is being restored, before the damage occurred. The term does not, however, include either: 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 or site documented as deserving preservation by the Illinois department of conservation or listed on the National Register of Historic Places. (Ord. 198, 10-3-1977)

The flood insurance study and amendments thereto, of the municipality, prepared by Carl C. Crane, Inc., and published by the United States department of housing and urban development, federal insurance administration, is hereby adopted for the purpose of this chapter and filed in the office of the clerk. The flood insurance study includes the flood boundary and floodway map which delineates A zones as areas that are susceptible to the base flood, and delineates the floodway, which is the channel of a river or other watercourse and the adjacent land areas required to store and convey the floodwater of the base flood with no significant increase in the height of the base flood. The flood insurance study data shall take precedence over other base flood elevation data for the purpose of this chapter. (Ord. 198, 10-3-1977)

No person shall commence any construction, substantial improvement, subdivision of land, placement of mobile homes or other substantial development in areas located in an A zone without first obtaining a permit from the building inspector. No permit shall be required for normal agricultural pursuits such as the tilling of the soil, plowing, or cultivating, nor for such similar landscaping activities which will, when taken as a whole, not increase the base flood elevation. The building inspector shall not issue such permit for any construction, substantial improvement, or other substantial development that does not comply with the provisions of this chapter or that has been denied a permit required by the federal or state law including section 404 of the federal water pollution control act, 1972, 33 USC 1334. (Ord. 198, 10-3-1977)

   (A)   Within areas designated as A zones each application for development shall be accompanied by elevations, in relation to mean sea level, of the lowest habitable floor measured at the top of the floor, including basement, and in the case of floodproofed structures, the elevation to which it will be floodproofed.

   (B)   The building inspector shall require certification from a registered professional engineer or architect that floodproofing methods are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the base flood.

   (C)   The application shall also contain information or certification as reasonably may be required by the building inspector in order to determine eligibility for permits or to enforce the terms of this chapter.

   (D)   The building inspector shall review applications for permit and determine before issuing a permit that the development activity would be reasonably safe from flood damage. (Ord. 198, 10-3-1977)

   (A)   The base flood elevation at any particular location shall be as delineated on the 100-year flood profile in the flood insurance study.

   (B)   The municipality shall obtain, review, and reasonably utilize base flood elevation data available from federal, state or other sources until such time as such data has been received from the federal insurance administration. Base flood data received from the federal insurance administration shall take precedence over data from other sources. (Ord. 198, 10-3-1977)

   (A)   For residential structures the lowest floor, including basement, shall be elevated to one foot (1') above the base flood elevation, measured at the top of the floor.

   (B)   For nonresidential structures the lowest floor, including basement, shall be elevated or floodproofed to one foot (1') above the base flood elevation, measured at the top of the floor.

   (C)   New construction and improvements shall be designed or modified and adequately anchored to prevent flotation, collapse, or lateral movement of the structure.

   (D)   New construction and improvements shall be constructed with materials and utility equipment resistant to flood damage.

   (E)   New construction and improvements shall be constructed by methods and practices that minimize flood damage to other properties.

   (F)   New construction and improvements shall have all structural components below the base flood elevation designed to be watertight with walls substantially impermeable to the passage of water and such structural components shall be designed to resist hydrostatic and hydrodynamic loads and the effects of buoyancy. (Ord. 198, 10-3-1977)

   (A)   All mobile home parks and mobile home subdivisions located in an A zone shall file evacuation plans indicating vehicular access and escape routes, including mobile home hauler routes, with the appropriate disaster preparedness authorities.

   (B)   All mobile homes to be placed on a site located in an A zone shall:

      1.   Have the lowest floor elevated one foot (1') above the base flood elevation, measured at the top of the floor.

      2.   In the instance of elevation on pilings, have all piling foundations placed in stable soil no more than ten feet (10') apart, and reinforcement shall be provided for piers more than six feet (6') aboveground.

      3.   Have lots large enough to permit steps to the mobile home, and have adequate surface drainage on all sides of the structure.

      4.   Be placed to prevent flotation, collapse or lateral movement of the structure due to flooding.

      5.   Be anchored according to the following specifications:

         (a)   Over the top ties shall be provided at each of the four (4) corners of the mobile home, with two (2) additional ties per side at intermediate locations, and mobile homes less than fifty feet (50') long shall require one additional tie per side;

         (b)   Frame ties shall be provided at each corner of the mobile home with five (5) additional ties per side at intermediate points and mobile homes less than fifty feet (50') long shall require four (4) additional ties per side;

         (c)   All components of the anchoring system shall be capable of carrying four thousand eight hundred (4,800) pounds; and

         (d)   Any additions to the mobile home shall be similarly anchored.

   (C)   Mobile homes excluded by other city regulations shall not be allowed as a result of adoption of the provisions of this chapter 1 . (Ord. 198, 10-3-1977)

All new construction and substantial improvements to utilities located in an A zone shall provide that:

   (A)   All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems.

   (B)   All new and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into the floodwaters.

   (C)   All new and replacement on site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. The following design standards should be applied:

      1.   There should be no pipe or opening to the ground surface;

      2.   Holding tanks should be required for those locations that will be used or occupied during a flood. (Ord. 198, 10-3-1977)

All subdivisions and other developments located in an A zone shall provide that:

   (A)   All subdivision and other development proposals shall be designed to minimize flood damage to the proposed subdivision or development site as well as to other properties.

   (B)   All public utilities and facilities, such as sewer, gas, electrical and water systems shall be located, elevated and constructed to minimize or eliminate flood damage.

   (C)   Adequate drainage shall be provided so as to reduce exposure to flood hazards.

   (D)   For any proposed subdivision or new development requiring a survey and a plat thereof, as specified in 765 Illinois Compiled Statutes, the applicant shall show the following:

      1.   Base flood elevation data at some point on each lot or platted parcel; provided, that if the base flood elevation data is not available the applicant shall compute and provide this information for each lot or platted parcel.

      2.   The applicant shall show the base flood area on the plat.

   (E)   New mobile home parks and subdivisions, expansions to existing mobile home parks and subdivisions and existing mobile home parks and subdivisions where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds fifty percent (50%) of the value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced, shall:

      1.   Have stands or lots elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be one foot (1') above the base flood elevation;

      2.   Have adequate surface drainage and access for a hauler provided; and

      3.   In the instance of elevation on pilings, have:

         (a)   Lots large enough to permit steps;

         (b)   Piling foundations placed in a stable soil no more than ten feet (10') apart; and

         (c)   Reinforcement provided for pilings more than six feet (6') above the ground level. (Ord. 198, 10-3-1977)

   (A)   All new construction, substantial improvement, subdivision of land, placement of mobile homes except in an existing mobile home park, construction of utilities, or other development that would result in any increase in the level of the base flood shall be prohibited in the floodway.

   (B)   Allowable activities in the floodway, if permitted by this title, include:

      1.   Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming and wild crop harvesting.

      2.   Industrial-commercial uses such as loading areas, parking areas, airport landing strips, structural support members and underground utilities.

      3.   Private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, target ranges, trap and skeet ranges, hunting and fishing areas, hiking and horseback riding trails.

      4.   Residential uses such as lawns, gardens, parking areas and play areas.

      5.   Circuses, carnivals and similar transient amusement enterprises.

   (C)   Allowable activities in the floodway requiring a variance are:

      1.   Uses or structures accessory to open space of variance uses.

      2.   Drive-in theaters, new and used car lots, roadside stands, signs and billboards.

      3.   Extraction of sand, gravel and other materials.

      4.   Marinas, boat rentals, docks, piers and wharves.

      5.   Railroads, streets, bridges, utility transmission lines and pipelines.

      6.   Storage yards for equipment, machinery or materials.

      7.   Other uses similar in nature to uses described in this subsection and subsection (B) of this section. (Ord. 198, 10-3-1977)

The building inspector shall notify adjacent communities and the Illinois department of transportation, division of water resources and the federal insurance administration prior to any alteration or relocation of a watercourse. The flood carrying capacity within the altered or relocated portion of any watercourse shall be maintained. (Ord. 198, 10-3-1977)

   (A)   The building inspector shall provide the municipality, the Illinois department of transportation, division of water resources and the federal insurance administration with an annual report on forms as provided the municipality by the federal insurance administration.

   (B)   The building inspector shall maintain the records of the first floor elevations, floodproofing certifications, all variance documents required by section 1910.6(A)(5) and (6) of the rules and regulations of the national flood insurance program, permit applications and all other records required by the federal insurance administration. (Ord. 198, 10-3-1977)

Upon written application, the municipality may grant a variance of this chapter subject to compliance with the provisions of section 1910.6(A) of the rules and regulations of the national flood insurance program and such other conditions as the municipality deems necessary to comply with the intent of this chapter. No variance shall be granted except in a specific case and after a public hearing before the zoning board of appeals 1 , of which there shall be a notice of the time and place of the hearing published at least once, not more than thirty (30) or less than fifteen (15) days before the hearing, in one or more newspapers published in the municipality, or, if no newspaper is published therein, then in one or more newspapers with a general circulation within the municipality.

Any variation of the provisions of this chapter granted in an annexation agreement should be treated as a variance. (Ord. 198, 10-3-1977)

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or the flood height may be increased by manmade or natural causes. This chapter does not imply that development either inside or outside of areas designated as an A zone will be free from flooding or damage. This chapter does not create liability on the part of the municipality 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. 198, 10-3-1977)

Any person who violates this chapter shall, upon conviction thereof be fined not less than twenty five dollars ($25.00) nor more than two hundred dollars ($200.00) and in addition, shall pay all costs and expenses involved in litigation. A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. (Ord. 198, 10-3-1977)