The ordinance from which this chapter is derived is enacted in order to accomplish the following purposes:

(1)

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

(2)

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

(3)

To protect human life, health, safety, and the general welfare of the citizens from the hazards of flooding;

(4)

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;

(5)

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

(6)

To make federally subsidized flood insurance available for property in the city by fulfilling the requirements of the National Flood Insurance Program;

(7)

To preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits, and enhance community and economic development.

(Code 1977, § 17.20.010; Ord. No. 06-04, 2006)

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

(1)

Ensure that all development activities within the SFHAs of the jurisdiction of the city meet the requirements of the ordinance from which this chapter is derived.

(2)

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

(3)

Ensure that construction authorization has been granted by IDNR/OWR for all development projects when required by this chapter and maintain a record of such authorization.

(4)

Maintain a record of the "as-built" elevation of the lowest floor (including basement) of all buildings when required by this chapter.

(5)

Maintain a record of the engineer's certificate and the as-built floodproofed elevation of all buildings when required by this chapter.

(6)

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

(7)

Ensure that all subdivisions and annexations meet the requirements of this chapter.

(8)

Ensure that water supply and waste disposal systems meet the public health standards as required in this chapter.

(9)

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 NFIP.

(10)

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.

(11)

Perform site inspections and make substantial damage determinations for structures within the floodplain.

(12)

Maintain the accuracy of floodplain maps including notifying IDNR/OWR and/or submitting information to FEMA within six months whenever a modification of the floodplain may change the base flood elevation or result in a change to the floodplain map.

(Code 1977, § 17.20.030; Ord. No. 06-04, 2006)

This chapter's protection standard is the base flood. The best available base flood data are listed in this section. Whenever a party disagrees with the best available data, the party shall finance the detailed engineering study needed to replace existing data with better data and submit it to FEMA and IDNR/OWR for approval prior to any development of the site.

(1)

The base flood elevation for the SFHA of Rock Creek and French Creek shall be as delineated on the 100-year flood profiles in the flood insurance study of the city prepared by FEMA and dated September 30, 1988.

(2)

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.

(3)

The base flood elevation for each of the remaining SFHA's delineated as an "A zone" on the flood insurance rate map of the city shall be according to the best data available from federal, state, or other sources. When no base flood elevation exists, an engineering study must be financed to determine the base flood elevation.

(4)

The base flood elevation for the SFHAs of those parts of unincorporated Whiteside 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 the county prepared by FEMA and dated February 19, 1986.

(Code 1977, § 17.20.040; Ord. No. 06-04, 2006)

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

(1)

The application for a development permit shall be accompanied by drawings of the site, drawn to accurate dimensions 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 when required by the provisions of this chapter.

(2)

Upon receipt of an application for a development permit, the zoning administrator 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. Conversely, any development located on land shown to be below the base flood elevation and hydraulically connected, but not shown on the current flood insurance rate map is subject to the provisions of this chapter. The zoning administrator 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.

(3)

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

(4)

Fees for issuance of development permits shall be in the amount provided in the city fee schedule.

(Code 1977, § 17.20.050; Ord. No. 06-04, 2006)

(a)

It shall be unlawful to use or occupy any building or any development site or any part thereof hereafter constructed in the SFHA without first making application for obtaining a use permit. Request for a use permit shall be submitted to the zoning administrator upon completion of the work authorized in the development permit issued for the project in question. Fees for issuance of use permits shall be in the amount provided in the city fee schedule.

(b)

If, upon final inspection of a building or development site, the zoning administrator 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.

(Code 1977, § 17.20.060; Ord. No. 06-04, 2006)

The zoning administrator shall examine each application for a permit within a reasonable amount of 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 zoning administrator 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 zoning administrator 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.

(Code 1977, § 17.20.070; Ord. No. 06-04, 2006)

(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 months after issuance shall expire by limitation and a new development permit shall be secured before work is started.

(Code 1977, § 17.20.080; Ord. No. 06-04, 2006)

All work for which a permit is required shall be subject to inspection by the zoning administrator or a duly authorized representative. Fees for inspections shall be as provided in the city fee schedule. It shall be unlawful to refuse to permit the zoning administrator or 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 zoning administrator or the representative when in the performance of their duties.

(Code 1977, § 17.20.090; Ord. No. 06-04, 2006)

The zoning administrator may revoke a permit in case there has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit was based. The zoning administrator 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 zoning administrator shall inform the applicant in writing of the specific steps the applicant 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.

(Code 1977, § 17.20.100; Ord. No. 06-04, 2006)

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 the ordinance from which this chapter is derived.

(Code 1977, § 17.20.110; Ord. No. 06-04, 2006)

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.

(1)

Within the SFHA identified on the FIRM, the following standards shall apply:

a.

Except as provided in subsection (1)b 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 (2)b of this section shall be considered as meeting this requirement.

b.

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

1.

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

2.

A permit has been issued by IDNR/OWR as required in subsection (2)a of this section.

3.

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

(2)

Within all SFHAs, the following standards shall apply:

a.

In addition to the other requirements of this chapter, a development permit for a site located in a floodway (or in a 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 IDNR/OWR.

b.

The following activities may be constructed without the individual permit required in subsection (2)a of this section in accordance with statewide permits issued by IDNR/OWR 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:

1.

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

2.

The construction of light poles, signposts, and similar structures.

3.

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

4.

The construction of properly anchored, unwalled, open structures such as playground equipment, pavilions, and carports.

5.

The placement of properly anchored buildings not exceeding 70 square feet in size, nor ten feet in any dimension (e.g., animal shelters and tool sheds).

6.

The construction of additions to existing buildings which do not increase the first floor area by more than 20 percent, 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.

c.

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

(3)

Public health standards in all SFHAs.

a.

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 section 62-107(a).

b.

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.

(Code 1977, § 17.20.130; Ord. No. 06-04, 2006)

(a)

In addition to other damage prevention requirements of this article, all buildings 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 $1,000.00 or 70 square feet.

(2)

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

(3)

Repairs made to a substantially damaged building. These repairs shall be figured cumulatively beginning with any repairs which have taken place subsequent to the adoption of the ordinance from which this chapter is derived.

(4)

Reconstruction or repairs made to a damaged building that are valued at more than 50 percent of the market value of the building before the damage occurred.

(5)

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 moved to avoid flood damage.

(6)

Installing a travel trailer on a site for more than 180 days per year. This building protection requirement may be met by one of the following methods. The zoning administrator shall maintain a record of compliance with these building protection standards as required in this chapter.

(7)

Repetitive loss to an existing building as defined in this chapter.

(b)

A residential or nonresidential building may be constructed on permanent land fill in accordance with the following:

(1)

The fill shall be placed in layers no greater than six inches deep before compaction.

(2)

The lowest floor (including basement) shall be at or above the FPE. The fill should extend at least ten feet 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, rip rap, or bulkheading. If vegetative cover is used, the slopes shall be no steeper than three horizontal to one vertical.

(4)

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

(c)

An existing residential or nonresidential building may be elevated in accordance with the following:

(1)

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

a.

The walls have permanent openings no more than one foot above grade or one foot per square inch of area. The openings shall have an opening of not less than one square foot of enclosed area.

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.

(4)

The area below the flood protection elevation shall be used solely for parking or building access and not later modified or occupied as habitable space.

(d)

Travel trailers and recreational vehicles on site for more than 180 days shall meet the elevation requirements of this article unless the following conditions are met:

(1)

The vehicle must be either self-propelled or towable by a light-duty truck. The hitch must remain on the vehicle at all times.

(2)

The vehicle must not be attached to external structures such as decks and porches.

(3)

The vehicle must be designed solely for recreation, camping, travel, or seasonal use rather than as a permanent dwelling.

(4)

The vehicles largest horizontal projections must be no larger than 400 square feet.

(5)

The vehicle's wheels must remain on axles and inflated.

(6)

Air conditioning units must be attached to the frame so as to be safe for movement out of the floodplain.

(7)

Propane tanks, electrical and sewage connections must be quick-disconnect and above the 100-year flood elevation.

(8)

The vehicle must be licensed and titled as a recreational vehicle or park model.

(9)

The vehicle must be either entirely supported by jacks rather than blocks or have a hitch jack permanently mounted, have the tires touching the ground, and be supported by blocks in a manner that will allow the blocks to be easily removed by use of the hitch jack.

(e)

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 affects 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.

(3)

Levees, berms, floodwalls, and similar works are not considered floodproofing for the purpose of this subsection (e).

(f)

Garages or sheds constructed ancillary to a residential use may be permitted provided the following conditions are met:

(1)

The garage or shed must be nonhabitable.

(2)

The garage or shed must be used only for the storage of vehicles and tools and cannot be modified later into another use.

(3)

The garage or shed must be located outside of the floodway.

(4)

The garage or shed must be on a single-family lot and be accessory to an existing principal structure on the same lot.

(5)

Below the base flood elevation, the garage or shed must be built of materials not susceptible to flood damage.

(6)

All utilities, plumbing, heating, air conditioning, and electrical must be elevated above the flood protection elevation.

(7)

The garage or shed must have at least one permanent opening on each wall no more than one foot above grade with one square inch of opening for every square foot of floor area.

(8)

The garage or shed must be less than $7,500.00 in market value or replacement cost whichever is greater or less than 500 square feet.

(9)

The structure shall be anchored to resist flotation and overturning.

(10)

All flammable or toxic materials (gasoline, paint, insecticides, fertilizers, etc.) shall be stored above the flood protection elevation.

(11)

The lowest floor elevation should be documented and the owner advised of the flood insurance implications.

(g)

A building may be constructed with a crawlspace located below the flood protection elevation provided that the following conditions are met:

(1)

The building must be designed and adequately anchored to resist flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

(2)

Any enclosed area below the flood protection elevation shall have openings that equalize hydrostatic pressures by allowing for the automatic entry and exit of floodwaters. A minimum of one opening on each wall having a total net area of not less than one square inch per one square foot of enclosed area. The openings shall be no more than one foot above grade.

(3)

The interior grade of the crawlspace below the flood protection elevation must not be more than two feet below the lowest adjacent exterior grade.

(4)

The interior height of the crawlspace measured from the interior grade of the crawl to the top of the foundation wall must not exceed four feet at any point.

(5)

An adequate drainage system must be installed to remove floodwaters from the interior area of the crawlspace within a reasonable period of time after a flood event.

(6)

Portions of the building below the flood protection elevation must be constructed with materials resistant to flood damage.

(7)

Utility systems within the crawlspace must be elevated above the flood protection elevation.

(Code 1977, § 17.20.140; Ord. No. 06-04, 2006)

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.

(1)

New subdivisions, manufactured home parks, annexation agreements, planned unit developments (PUDs) and additions to manufactured home parks and subdivisions shall meet the requirements of sections 62-106 and 62-107. Plats or plans for new subdivisions, manufactured home parks, and 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, 765 ILCS 205/2.

(2)

Proposals for new subdivisions, manufactured home parks, PUDs and additions to manufactured 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 as best available elevation data.

(Code 1977, § 17.20.150; Ord. No. 06-04, 2006)

(a)

Public health standards must be met for all floodplain development. In addition to all other requirements of this article the following standards apply:

(1)

No development in the floodplain shall include locating or storing chemicals, explosives, buoyant materials, flammable liquids, pollutants, or other hazardous or toxic materials below the flood protection elevation unless such materials are stored in a floodproofed and anchored storage tank and certified by a professional engineer or floodproofed building constructed according to the requirements of this chapter.

(2)

Public utilities and facilities such as sewer, gas, and electric shall be located and constructed to minimize or eliminate flood damage.

(3)

Public sanitary sewer systems and water supply systems shall be located and constructed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.

(4)

New and replacement on-site sanitary sewer lines or waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding. Manholes or other aboveground openings located below the flood protection elevation shall be watertight.

(5)

Critical facilities shall be protected to the 500-year flood elevation. In addition, all ingress and egress from any critical facility must be protected to the 500-year flood elevation.

(b)

All other activities defined as development shall be designed so as not to alter flood flows or increase potential flood damages.

(Code 1977, § 17.20.160; Ord. No. 06-04, 2006)

Whenever the standards of this chapter place undue hardship on a specific development proposal, the applicant may apply to the planning and zoning board for a variance. The planning and zoning board 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.

(1)

No variance shall be granted unless the applicant demonstrates that all of the following conditions are met:

a.

The development activity cannot be located outside the SFHA.

b.

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

c.

The relief requested is the minimum necessary.

d.

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

e.

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

f.

The provisions of this section are met.

(2)

The zoning administrator shall notify an applicant in writing that a variance from the requirements of section 62-107 that would lessen the degree of protection to a building will:

a.

Result in increased premium rates for flood insurance up to amounts that may be as high as $25.00 per $100.00 of insurance coverage.

b.

Increase the risk to life and property.

c.

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.

(3)

Variances to the building protection requirements of section 62-107 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 subsections (1)a through e of this section.

(Code 1977, § 17.20.170; Ord. No. 06-04, 2006)

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.

(Code 1977, § 17.20.180; Ord. No. 06-04, 2006)

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 zoning administrator may determine that a violation of the minimum standards of this chapter exist. The zoning administrator shall notify the owner in writing of such violation.

(1)

If such owner fails after ten days notice to correct the violation, in addition to all other applicable penalties for violation of this Code 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 the ordinance from which this chapter is derived. The city shall record a notice of violation on the title to the property.

(2)

The zoning administrator shall inform the owner that any such 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 such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person responsible.

(Code 1977, § 17.20.190; Ord. No. 06-04, 2006)

The ordinance from which this chapter is derived repeals and replaces other ordinances adopted by the city council to fulfill the requirements of the NFIP. However, the ordinance from which this chapter is derived does not repeal the original resolution or ordinance adopted to achieve eligibility in the program. Nor does the ordinance from which this chapter is derived 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 most stringent restrictions shall prevail.

(Code 1977, § 17.20.200; Ord. No. 06-04, 2006)