9.1-1

Findings and Purpose.

A.

The flood hazard areas of the Village of are subject to periodic inundation which results in loss of life and property, health, and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base all of which adversely affect the public health, safety and general welfare of the people of the Village. Such flood losses are caused by the cumulative effect of obstructions in flood heights and velocities and the occupancy of flood-hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated or otherwise protected from flood damage.

B.

It is the purpose of this Article IX:

1.

To control flood plain uses such as fill, dumping, storage of materials, structures, buildings, and any other works which acting alone or in combination with other existing or future uses will cause damaging flood heights and velocities by obstructing flows and reducing storage;

2.

To protect human life and health;

3.

To minimize public and private property damage;

4.

To protect individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards;

5.

To minimize surface and ground water pollution which will affect human, animal or plant life;

6.

To control development which will, when acting alone or in combination with similar developments:

a.

Create an unjustified demand for public investment in flood-control works by requiring that uses vulnerable to floods, including public facilities which serve such uses, shall be protected against flood damage at the time of initial construction;

b.

Cause flood losses if public streets, sewer, water and other utilities must be extended below the flood level to serve the development.

c.

Create an additional burden on the public to pay the costs of rescue, relief, emergency preparedness measures, sandbagging, pumping, and temporary dikes or levees;

d.

Create an additional burden to the public for business interruptions, factory closings, disruption of transportation routes, interference with utility services, and other factors that result in loss of wages, sales and production.

7.

To maintain a stable tax base by the preservation of property values in and around the area of the flood plain;

8.

To generally promote the public health, safety and welfare by lessening or avoiding the hazard to persons and damage to property resulting from the accumulation or run-off of storm or flood waters.

C.

The requirement of this Article apply in addition to the district regulations contained in other articles of this ordinance. Nothing contained herein shall be construed to permit the use of land not otherwise permitted in the underlying zoning district. The regulations contained herein overlay and are in addition to the requirements in the said underlying zoning district.

9.1-2

Determination of Flood Plain Hazards.

A.

The Flood Plain and Flood Hazards associated with the controls imposed by this Article are determined as follows:

1.

There is delineated upon the Official Zoning Map adopted as part of this ordinance, a general flood plain overlay district determined to be subject to floods of a fifty-year frequency, which determination is based upon evidence of past floods including U.S.G.S. Hydrologic Investigations Atlas ___________, and Soil Conservation Service soil maps. This Article shall apply to all lands within the jurisdiction of the Village shown on the Official Zoning Map as being located within the boundaries of the general flood plain overlay district.

2.

All uses of land in the flood plain overlay district as delineated in subsection (1) hereof, other than open space permit in accordance with the procedures of Article 4, Section 4.10 of this Ordinance, which special use shall be considered on the basis of the flood hazard on the property subject to the application of special use, by the Board of Trustees upon the recommendation of the Plan Commission. In considering such an application for a special use, the Plan Commission shall, where applicable:

a.

Estimate the discharge of the regulatory flood which is representative of large floods known to have occurred in this region and which are reasonably characteristic of what can be expected to occur on the particular streams subject to this ordinance. It is in the general order of a flood which could be expected to occur on the average once every 50 years.

b.

Determine the specific flooding threat at the site of the proposed special-permit use and determine whether the use is located in flood way or flood-fringe area by:

1.

Calculation of water-surface elevations and flood-protection elevations based upon a hydraulic analysis of the capacity of the stream channel and over bank areas to convey the regulatory flood.

2.

Computation of the flood-way required to convey this flood without increasing flood heights to an extent which would cause substantial upstream or downstream damage to existing or reasonably anticipated future development. Computation of increases in flood heights caused by any encroachment shall be based upon the reasonable assumption that there will be an equal degree of encroachment on both sides of the stream within that reach. Generally, any increase in flood stages attributable to encroachments on the flood plain of any river or stream shall not exceed 0.5 feet in any one reach or for the cumulative effect of several reaches.

c.

Evaluate the effects of the proposed use upon the public health, safety, and general welfare in light of the purposes of this ordinance and the standards established herein and deny, grant, or conditionally grant the application for the proposed use. In addition, the regulatory flood-protection elevation and necessary flooding areas shall be established by the Plan Commission as provided in Section 9.1-2 of this Article consistent with the methods specified therein.

3.

The boundaries of the zoning district shall be determined by scaling distances on the Official Zoning Map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the Official Zoning Map (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Board of Trustees, upon the recommendation of the Plan Commission, shall make the necessary interpretation. The person contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the Commission and to submit his own technical evidence if he so desires.

4.

The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or flood heights may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. This Article does not imply that areas outside the flood plain district or land uses permitted within such district will be free from flooding or flood damages. This Article shall not create liability on the part of the Village or any officer or employee thereof for any administrative decision lawfully made thereunder.

9.1-3

Permitted Uses. The following open space uses shall be permitted within any Flood Plain Overlay District to the extent that they are not prohibited by any other ordinance and provided they do not require structures, fill or storage of materials or equipment. In addition, no use shall adversely affect the efficiency or unduly restrict the capacity of the channels or floodways of any tributary to the main stream, drainage ditch, or any other drainage facility or system.

A.

Agricultural uses, including general farming, pasture grazing, outdoor plant nurseries, horticulture, truck farming, sod farming, and a wildcrop harvesting, provided such uses are permitted in an adjoining district.

B.

Industrial - commercial uses such as loading areas and parking areas.

C.

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, game farms, fish hatcheries, hiking and horseback riding trails.

D.

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

9.1-4

Special Uses in Floodways and Flood Fringes. All uses other than those specified in Section 9.1-3 are permitted only upon application to the Zoning Administrator and the issuance of a special permit as provided in Article 4, Special Uses, of this ordinance. The Flood Plain Overlay District encompasses both floodway and flood fringe areas. Therefore, the Plan Commission, as provided in Section 9.1-2 shall determine whether the proposed Special Use is located within a floodway or flood fringe area. If it is determined that the proposed Special Use is located within the floodway, the provisions of Section 9.1-5 of this ordinance shall apply. If it is determined that the proposed use is located within the flood fringe, the provisions of Section 9.1-6 of this ordinance shall apply.

9.1-5

Special Provisions Applying to the Floodway Portion of the Flood Plain.

A.

Uses permitted in Section 9.1-3 are Permitted Uses in the Floodway.

B.

Other uses are allowed only as Special Uses. No structure (temporary or permanent), fill (including fill for roads and levees) deposit, obstruction, storage of materials or equipment, or other use shall be permitted which acting alone or in combination with existing or reasonably anticipated uses unduly affects the efficiency of the capacity of the floodway or unduly increases flood heights. Consideration of the effects of a proposed use shall be based on a reasonable assumption that there will be an equal degree of encroachment extending for a significant reach on both sides of the stream. Special Uses shall include:

1.

Uses or structures accessory to open space or Special Uses.

2.

Circuses, carnivals and similar transient amusement enterprises.

3.

Temporary road site stands and signs.

4.

Extraction of sand, gravel, and other materials.

5.

Marinas, boat rentals, docks, piers, wharves, and water control structures, including the storage of fuel as an accessory use to the aforementioned.

6.

Streets, bridges, utility transmission lines and pipelines.

7.

Storage yards for equipment, machinery or materials, in connection with above specified permitted and Special Uses.

8.

Kennels and stables.

9.

Other uses similar in nature to uses described in Section 9.1-6 of this subsection which are consistent with the provisions set out in this ordinance.

C.

Standards for Flood-Way Special Uses. All uses[sic] No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials or equipment, or other use may be allowed as a special use which, acting alone or in combination with existing or future uses, unduly affects the capacity of the floodway or unduly increases flood heights, consideration of the effects of a proposed use shall be based on a reasonable assumption that there will be an equal degree of encroachment extending for a significant reach on both sides of the stream. In addition, all floodway special uses shall be subject to the standards contained in Section 9.1-8 and the following standards:

1.

Any fill proposed to be deposited in the floodway must be shown to have some beneficial purpose and the amount thereof not greater than is necessary to achieve that purpose, as demonstrated by a plan submitted by the owner showing the use to which the filled land will be put and the final dimensions of the proposed fill or other materials. Such fill or other materials shall be protected against erosion by riprap, vegetation cover, or bulk heading.

2.

Structures (temporary or permanent).

a.

Structures shall not be designed for human habitation;

b.

Structures shall have a low flood-damage potential;

c.

The structure or structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood water. Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow, and, so far as practicable, structures shall be placed approximately on the same flood-flow lines as those of adjoining structures;

d.

Structures shall be firmly anchored to prevent flotation which may result in damage to other structures, restriction of bridge openings and other narrow sections of the stream or river; and,

e.

Service facilities such as electrical and heating equipment shall be constructed at or above the regulatory flood-protection elevation for the particular area of flood-proofed.

3.

Storage of Material and Equipment:

a.

The storage or processing of materials that are, in time of flooding, buoyant, flammable, explosive, or could be injurious to human, animal or plant life is prohibited.

b.

Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning.

D.

Garbage and Solid Waste Disposal.

1.

No Special Use Permits for garbage and waste disposal sites shall be issued for floodway areas.

2.

Provided further, there shall be no further encroachment upon the floodway at existing sites.

9.1-6

Special Provisions Applying to the Flood Fringe.

A.

Permitted Uses - Uses listed in Section 9.1-3 as Permitted Uses are permitted uses within the Flood Fringe.

B.

Special Uses - Structural or other uses shall be permitted within the flood fringe as Special Uses to the extent they are not prohibited by any other ordinance and they meet the following standards:

1.

Residential Uses. Residence on lots not less than 40,000 square feet and developed otherwise in accordance with the standards set forth in the Estate Residence District Regulations, shall be constructed on fill with the first floor or basement floor at or above the regulatory flood protection elevation. The finished fill elevation shall be no more than one foot below the regulatory flood protection elevation for the particular area and shall extend at such elevation at least fifteen (15) feet beyond the limits of any structure or building erected thereon. Where existing streets or utilities are at elevations which make compliance with this provision impractical or in other special circumstances the Plan Commission may recommend other techniques for protection.

2.

Non-Residential Use. Structures other than residences shall ordinarily be elevated on fill as provided in subsection 8-1 of this section but may, in special circumstances, be protected as provided in Part 4 herein to a point at or above the regulatory flood protection elevation.

3.

Commercial Uses. Commercial structures generally must be constructed on fill with no first floor or basement floor below the flood protection elevation. Accessory land uses, such as yards, railroad tracks and parking lots may be at lower elevations, however, a permit for such facilities to be used by the general public shall not be granted, in the absence of a flood warning system, if the area in inundated to a depth greater than two feet or subject to flood velocities greater than four feet per second upon the occurrence of the regional flood.

4.

Utilities, Railroad Tracks, Streets and Bridges. Public utility facilities, roads, railroad tracks and bridges within the flood plain shall be designated to minimize increases in flood elevations and shall be compatible with local comprehensive flood plain development plans. Protection to the regulatory flood protection elevation shall be provided where failure or interruption of these public facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Where failure or interruption of services would not endanger life or health, a lesser degree of protection may be provided for minor or auxiliary roads, railroads or utilities.

5.

Waste Treatment and Waste Disposal.

a.

No new construction, addition, or modification to existing waste treatment facilities shall be permitted within the flood fringe unless emergency plans and procedures for action to he taken in the event of flooding are prepared, filed with, and approved by the Illinois Environmental Protection Agency and the Village Engineer. The emergency plans and procedures must provide for measures to prevent introduction of any pollutant or toxic material into the flood waters.

b.

There shall be no disposal of garbage or solid waste materials within flood fringe areas except upon issuance of a Special Use Permit at sites approved by the Illinois Environmental Protection Agency and subject to the requirements of Section 9.1-5.

9.1-7

Procedures for Special Use Permits in Flood. Upon receiving an application for a Special Use Permit involving the use of fill, construction of structures, or storage of materials in a Flood Plain District, the Plan Commission shall, prior to making a recommendation thereon:

A.

Require the applicant to furnish such of the following information as is deemed necessary by the Plan Commission for determining the regulatory flood protection elevation whether the proposed use is located in the floodway or flood fringe, and other factors necessary to render a decision with respect to the suitability of the particular site for the proposed use.

1.

Plans. Ten (10) copies drawn to a scale of 1 inch per 100 feet, showing the nature, location, dimensions and elevation of the lot, existing or proposed structures, fill, storage of materials, flood-proofing measures, relationship of the above to the location of the channel, elevations or contours of the ground; pertinent structure, fill, or storage elevations; size, location and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets, water supply, sanitary facilities; photographs showing existing land uses and vegetation upstream and downstream, soil types, and other pertinent information.

2.

A Typical Valley Cross-Section. Showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high water information.

3.

Profile. Showing the slope of the bottom of the channel or flow line of the stream for at least five hundred (500) feet in either direction from the proposed development.

4.

Specifications. For building construction and materials, flood proofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities.

B.

Transmit one copy of the information described in subsection (A) to the Village Engineer for technical assistance in order to determine:

1.

Whether the proposed use is located in the floodway or flood fringe;

2.

The regulatory flood protection elevation;

3.

Evaluate the proposed project in relation to flood heights and velocities, the degree of flood damage to the use, the adequacy of the plans for protection and similar technical data.

C.

Having regard for the technical evaluation of the Village Engineer, determine whether the proposed use is located within the floodway or flood fringe, determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard.

D.

Consider all relevant factors specified in other sections of this ordinance, including;

1.

The danger to life and property due to increased flood heights of velocities caused by encroachments.

2.

The danger caused by materials that may be swept into other lands or downstream to the injury of others.

3.

The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions.

4.

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

5.

The importance of the services provided by the proposed facility to the community.

6.

The requirements of the facility for a waterfront location.

7.

The availability of alternative locations not subject to flooding for the proposed use.

8.

The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.

9.

The relationship of the proposed use to the comprehensive plan and flood plain management program for the area.

10.

The safety of access to the property in times of flood for ordinary and emergency vehicles.

11.

The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site.

12.

Such other factors which are relevant to the purposes of this ordinance.

13.

The effect which the proposed Special Use will have on the environment of the Village.

9.1-8

Conditions Attached to Special Use Permits.

A.

Upon consideration of the factors listed above and the purposes of this ordinance, the Plan Commission may recommend and the Board of Trustees may impose conditions upon the granting of Special Use Permits as it deems necessary to further the purposes of this Article. Such conditions without limitation because of specific enumeration may include:

1.

Modification of waste disposal and water supply facilities.

2.

Limitations on period of use and operation.

3.

Imposition of operational controls, sureties, and deed restrictions.

4.

Requirements for construction of channel modifications, dikes, levees and other protective measures.

5.

Flood-proofing measures designed so that they are consistent with the flood protection elevation for the particular area, flood velocities, durations, rate of rise, hydrostatic and hydrodynamic forces, and other factors associated with the regulatory flood.

B.

The applicant may be required to submit a plan or document certified by a registered professional engineer or architect that the flood-proofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. The following flood-proofing measures may be required:

1.

Anchorage to resist flotation and lateral movement.

2.

Installation of watertight doors, bulkheads, shutters, or similar methods of construction.

3.

Reinforcement of walls to resist water pressures.

4.

Use of paints, membranes, or mortars to reduce seepage of water through walls.