O-955-96 02/26/96VILLAGE OF LEMONT
ORDINANCE NO. �--
AMENDING ORDINANCE #593 ENTITLED:
AN ORDINAN CE ULATING DEVELOPMENT IN SPECIAL FLOOD
HAZARD ^AN ORDINANCE REDS„ FOR THE VILLAGE OF LEMONT
ADOPTED BY THE
PRESIDENT AND BOARD TO RU TEES
OF THE VILLAGC
This day of
Published in pamphlet form by
authority of the President and
Board of Trustees of the Village ' a nd
d
Lemont, Counties of Cook,
DuPage, Ili is this
day of
1996.
ORDINANCE NO.
2=-~
AN ORDINANCE AMENDING ORDINANCETI593
ENTITLED, AN ORDINANCE HAZARD
DEVELOPMENT IN
SPECIAL FLOOD
AREAS" FOR THE VILLAGE OF LEMONY
Transportation,
the Illinois Department of that certain
WHEREAS, Resources, has requested that the
Division of Water 593 in order o that
be made in Ordinance O. Insurance Part 708
revins of the National Flood Code
requirements gutios and 92 Illinois Administrative
Regulations
be met:
the PresideWillnand
BE IT ORDAINED by Cook, NOW, THEREFORE, the Village of Lemont,
Board of Trustees as follows:
DuPage Counties, Illinois,
INDEX SECTION 100.0
SECTION
100.0 Index
200.0 Purpose
300.0 Definitions Ordinance
500.0 Official
400.0 How the Enforcement
500.0 Duties of Elevation e Areas
Base Flood Use of Flood Fringe 600.0 Occupation and Identified lodn Areas
700.0 Occupation Use of Special Hazard
900.0 ccupation and Use of Ape Not Identified
1000.0 900.0 0 to All
Areas Permitting Requirements Applicable
Permitting and Protection of Building
1000.0 Flood Plain Areas Requirements
Other Development
1100.0 Variances
12000 Disclaimer of Liability
1300.0 penalty Greater Restrictions
1400.0 Abrogation and
1500.0 Separability
1600.0 Effective Date
1700.0
200.0 PURPOSE police powers
SECTION pursuant to the p
Chapter 24, Sections
Ordinance is enacted p to the
This Statutes, C and hapter pursuant
granted 1 Illinois Revised 11 -31-
1_2_1► 11- 12 -12, 11 -30 -8►
Village's home rule powers.
-1-
200.1 To meet the requirements of Chapter 19, paragraph
of the Illinois Revised Statutes, "An Act
in Relation to the Reg (g) ulation of the Rivers, Lakes
in roved
and Streams
aseamended of Illinois ", app
June 1 0
200.2 To assure that
the flood
creating unstable conditions susceptible to
erosion;
200.3 To protect new buildings and major improvements
to buildings from flood damage;
200.4 To protect human life and health from the hazards
of flooding;
200.5 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; and
200.6 To make federally subsidized flood insurance
available for property in the Village by
filling the requirements of the National Flood
Insurance Program.
200.7 comply
with the rules and regulations of the
National Flood a
sInsurance
amended,
nprogram codified as
44 CFR 59-79,
SECTION 300.0 DEFINITIONS definitions
For purposes of this Ordinance, the following
are adopted:
300.1 "Act ". "AN ACT in relation to the regulation of
the rivers, lakes and streams of the State of 52
Illinois ", I11. Rev. Stat. 1987, Ch. 19, par.
et seq.
�� Any person, firm, corporation or
300.2 "Applicant
agency which submits an app lication.
300.3 "Appropriate Use ". Only uses of the regulatory
floodway that are permissible and will be con-
issuance. issuance. The only uses that
willl l b be allowed are as specified for p ecified in Section 802.0.
will
300.4 "Base Flood ". The flood having
a one - percent
probability of being equaled or exceeded in any
given year.
The base flood is also known as the
100 -year frequency flood event. Application of
the base flood elevation at any location is as
defined in Section 600 of this Ordinance.
A structure that is principally
300.5 "Building walls and a roof.
ground and is enclosed by walls a
The g gas or liquid
m tuft Lured home, a gmobile home or a prefabricated
a manufactured home,
building. This term also includes recreational
vehicles and travel
180trailers to be installed on a
site for more than
300.6 "Compensatory Storage ". An artificially excavated,
3 equivalent volume of storage within
hydraulically q used to
the Special Flood Hazard Area (SFHA)
balance the loss of natural flood storage capacity
when artificial fill or structures are placed
within the flood plain. The uncompensated loss
of natural flood plain storage can increase off-
site floodwater elevations and flows.
Approval o
300.7 "Conditional App of a Regulatory Floodway
Map Change ". Preconstruction approval by Illinois
Department of Transportation, Division of Water
and the Federal Emergency Manage-
Resources (DWR)
uosed change to the floodway
A es Agency of ) a proposed
map. This preconstruction app o
ro royal, pursuant
owner
to
this Part, gives assurances to the p P
that once an Appropriate Use is constructedabcord-
ing to permitted plans, the floodway mapec n and
changed, as previously agreed, upon
acceptance of as -built plans. A
300.8
"Conditional Letter of Map Revision (CLOMR) " -
letter which indicates ll revisehbase flood elevations,
Management Agency flood boundaries or
flood insurance rate zones,
floodway as shown on an effective Flood Hazard
Boundary Map or Flood Insurance Rate Map, once
as -built plans are submitted and approved.
All obstructions, wall embankments or
300.9 "Dam". Al with their abutments and
barriers, together if any, constructed for the
purportenant se of storing or diverting water or creating
p
a pool. Underground water storag e tanks are not
included.
300.10
"Development ". Any man made change to real estate,
including:
Construction, reconstruction, repair, or
(a) or any addition to a
placement of a building
building.
(b) Installing a manufactured home on a site,
preparing a site for a manufactured home,
or installing a travel trailer on a site
for more than 180 days.
(c) Drilling, mining, installing utilities,
construction of roads, bridges, or similar
projects.
(d) Construction or erection of levees, walls,
fences, dams, or culverts; channel modifica-
tion; filing, dredging, grading, excavating,
paving, or other non - agricultural alterations
of the ground surface; storage of materials;
deposit of solid or liquid waste.
(e) Any other activity of man that might change
the direction, height, or velocity of flood
or surface water, including extensive vegeta-
tion removal;
Development does not include the maintenance
of existing buildings and facilities such as
re- roofing or re- surfacing of roads when there
is no increase in elevation, or gardening,
plowing, and similar agricultural practices
that do not involve filling, grading, or
construction of levees.
300.11 "DWR ". Illinois Department of Transportation,
Division of Water Resources.
300.12 "Elevation Certificates ". A form published by the
Federal Emergency Management Agency that is used
to certify the elevation to which a building has
been elevated.
300.13 "Exempt Organizations ". Organizations which are
exempt from this Ordinance per the Illinois Revised
Statutes including state, federal or local units of
government.
300.14 "FEMA ". Federal Emergency Management Agency and
its regulations at 44 CFR 59 -79 effective as of
October 1, 1986. This reference does not include
any later additions or amendments.
300.15 "Flood ". A general and temporary condition of
partial or complete inundation of normally dry land
areas from overflow of inland or tidal waves, or
the unusual and rapid accumulation or runoff of
surface waters from any source.
300.16 "Flood Fringe ". That portion of the flood plain
outside of the regulatory floodway.
300.17
"Flood Insurance Rate Maps" (FIRM). A map prepared
by the Federal Emergency Management Agency that
de special flood hazard area (SFHA) within
depicts the . This map includes insurance rate
zones and
a community flood plains and may or may not depict
floodways.
300.18 11 Flood Plain ". That land typically adjacent to a
of water with ground surface elevations ions at or
body
below the base flood Flood plains may also include
flood elevation.
detached Special Flood Hazard Areas, ponding onding areeeaass
etc. The flood plain is also known as the SSpecial
Flood Hazard Area (SFHA). The flood plains
those lands within the jurisdiction of the Village
that are subject to inundation by the base flood or
The SFHA's of the
100 -year frequency flood.
Village are generally identified as such on the
Flood Insurance Rate Map of the Village c prepared and ddtey
the Federal Emergency Management Agency
The SFHA's of those parts of
August 4, 1988. Will and DuPage Counties that
unincorporated Cook,
are within the extraterritorial j urisdiction of the
Village or that may be annexed into the Village are
generally identified as such on the Flood a d s ra ce
Rate Map prepared for Cook, Will,
the Federal Emergency Management Agency
Counties or by U.S. Department of Housing and Urban
(ev the and dated April 15, 1981 for Cook
County; April 15, 1982 for DuPage County; and
September 6, 1995 for Will County.
300.19 Any combination of structural and
300 "Fnootproofing "• Y changes or adjustments
non - structural additions,
structures which reduce or eliminate flood drmaage
to real estate or improved real p p Y nd
sanitary facilities, structures and their contents.
300.20 "Floodproofing Certificate".
ificate ". A form
published by
the Federal Emergency enc n that is
used to ct f Y t bu building has been designed
and constructed to structurally dr Y floodproofed
to the flood protection elevation.
FPE) ".. The elevation
300.21 "Flood Protection Elevatioea� frequency flood plus
of the base flood or 100 -y given location in the
two feet of freeboard at any g
SFHA•
300.22 "Freeboard". An increment of
rov de a factor added to
the base flood elevation to P
-5-
safety for uncertainties in calculations, unknown
localized conditions, wave actions and unpredict-
able effects such as those caused by ice or debris
jams.
300.23 "Hydrologic and Hydraulic Calculations ". Engineering
analyses which determine expected flood flows and
flood elevations based on land characteristics and
rainfall events.
300.24 "Letter of Map Amendment (LOMA) ". Official
determination by FEMA that a specific structure
is not in a 100 -year flood zone; amends the effective
Flood Hazard Boundary Map of FIRM.
300.25 "Letter of Map Revision (LOMR) ". Letter that
revises base flood or 100 -year frequency flood
elevations, flood insurance rate zones, flood
boundaries or floodways as shown on an effective
FHBM or FIRM.
300.26 Manufactured Home ". A structure, transportable in
one or more sections, which is built on a permanent
chassis and is designated for use with or without a
permanent foundation when connected to the required
utilities. The term manufactured homes also in-
cludes park trailers, travel trailers and other
similar vehicles placed on site for more than 180
consecutive days.
300.27 "Manufactured Home Park or Subdivision ". A parcel
(or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
300.28 "NGVD ". National Geodetic Vertical Datum of 1929.
Reference surface set by the National Geodetic
Survey deduced from a continental adjustment of
all existing adjustments in 1929.
300.29 "Ordinary High Water Mark (OHWM) ". The point on
the bank or shore up to which the presence and
action of surface water is so continuous so as to
leave a distinctive mark such as by erosion,
destruction or prevention of terrestrial vegetation,
predominance of aquatic vegetation or other easily
recognized characteristics.
300.30 "Public Flood Control Project ". A flood control
project which will be operated and maintained by
a public agency to reduce flood damages to existing
buildings and structures which includes a hydro-
logic and hydraulic study of the existing and
proposed conditions of the watershed. Nothing in
this definition shall preclude the design,
engineering, construction or financing, in whole or
b
in part, of a flood control project by P ersons or
parties who are not public agencies.
300.31 "Publicly Navigable Waters ". All streams and lakes
capable of being navigated by watercraft.
A land surveyor
300.32 "Registered Land Surveyor ". under the
registered in the State of (III. Illinois, th
Illinois Lars,S3201y3234Act
Ch. 111, pars.
Engineer
300.33 Registered Professional Engineer ". under eer
registered in the State of Illinois,
Illinois Professional Engineering Act (I11. Rev.
Stat. 1987, Ch. 111, pars. 5101 - 5137).
300.34 "Regulatory Floodway ". The channel, including on-
stream lakes, and that portion of the flood plain
adjacent to a stream or watercourse
toestore and as convey nvey ache
by DWR, which is ne eded ear frequency
existing and anticipated future 100 -y foot
flood discharge with e ueo to h loss of 0.1 flood
increase in stage than a 10�
conveyance or storage, and no more floodway 0%
increase in velocities. The regulatory is
on
designated for Tributary A of the I & Map M Canal by
the Flood Boundary and Flo1dwaY p p e regulatory
FEMA and dated August 4,
floodways for those parts of unincorporated Cook, within the
Will and DuPage jurisdiction the V llage that
extraterritorial Ju
for
may be annexed into the eeksaon the FloodnBoundary ge are
Long Run and Sawmill FEMA and dated April
and Floodway Map prepared by
15, 1981 for Cook County; April 15, 1982 for
and September 6, 1995 for Will
C DuPage County; regulatory Couunntyy. . To locate the reg Y floodway boundary
on any site, the regulatory floodway Y
sin boundary
map
should be scaled off the regulatory
and located on a site plan, g reference marks
common to all maps. Where interpretation is needed
to determine the exact location of the regulatory
floodway boundary, the Division should be contacted
for interpretation.
300.35 Repair, Remodeling
or Maintenance ". Development
activities which do not result in any increases in
the outside dimensions of a building or any changes
to the dimensions of a structure.
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300.36 "Retention /Detention Facility ". A retention
facility stores stormwater runoff without a
gravity release. A detention facility provides
for storage of stormwater runoff and controlled
release of this runoff during and after a flood
or storm.
300.37 "Riverine SFHA ". Any SFHA subject to flooding
from a river, creek, intermittent stream, ditch,
on stream lake system or any other identified
channel. This term does not include areas subject
to flooding from lakes, ponding areas, areas of
sheet flow, or other areas not subject to over -
bank flooding.
300.38 "Special Flood Hazard Area (SFHA) ". Any base flood
area subject to flooding from a river, creek,
intermittent stream, ditch, or any other identified
channel or ponding and shown on a Flood Hazard
Boundary Map or Flood Insurance Rate Map as Zone
A, AO, A1-30, AE, A99, AH, VO, V30, VE, V, M, or
E.
300.39 "Structure ". The results of a man -made change to
the land constructed on or below the ground, in-
cluding the construction, reconstruction or place-
ment of a building or any addition to a building;
installing a manufactured home on a site; preparing
a site for a manufactured home or installing a
travel trailer on a site for more than 180 days.
300.40 "Substantial Improvement ". Any repair, recon-
struction or improvement of a structure, the cost
of which equals or exceeds 50 percent of the market
value of the structure either, (a) before the
improvement or repair is started, or (b) if the
structure has been damaged, and is being restored,
before the damage occurred. For the purposes of
this definition "substantial improvement" is con-
sidered to occur when the first alteration of any
wall, ceiling, floor, or other structure part of
the building commences, whether or not that altera-
tion affects the external dimensions of the structure.
The term does not, however, include either (1) any
project for improvement of a structure to comply
with existing state of local health, sanitary, or
safety code specifications which are solely
necessary to assure safe living conditions or (2)
any alteration of a structure listed on the National
Register of Historic Places or a State Inventory of
Historic Places.
300.41 "Transition Section ". Reaches of the stream or
floodway where water flows from a narrow cross -
section to a wide cross - section or vice versa.
SECTION 400.0 HOW TO USE THIS ORDINANCE
The Building and Zoning Administrator shall be responsi-
ble for fulfilling all of the duties listed in Section 500.0.
To fulfill those duties, the Building and Zoning Adminis-
trator shall consult with the Village .Engineer who will use the
criteria listed in Section 600.0, Base Flood Elevations, to
determine whether the development site is located within a
floodplain. Once it has been determined that a site is
located within a floodplain, the Village Engineer must
determine whether the development site is within a flood
fringe, a regulatory floodway, or within a SFHA or flood
plain on which no floodway has been identified. If the site
is within a flood fringe, the Village Engineer shall require
that the minimum requirements of Section 700.0 be met. If
the site is within a floodway, the Village Engineer shall
require that the minimum requirements of Section 800.0 be met.
If the site is located within a SFHA or flood plain for which
no detailed study has been completed and approved, the Village
Engineer shall require that the minimum requirements of Section
900.0 be met.
In addition, the general requirements of Section 1000.0
shall be met for all developments meeting the requirements of
Section 700.0, 800.0, or 900.0. The Village Engineer shall
assure that all subdivision proposals shall meet the require-
ments of Section 1100.0.
If a variance is to be granted for a proposal, the Build-
ing and Zoning Administrator shall review the requirements of
Section 1200.0 to make sure they are met. In addition, the
Building and Zoning Administrator shall complete all notifica-
tion requirements.
In order to assure that property owners obtain permits
as required in this Ordinance, the Building and Zoning Adminis-
trator may take any and all actions as outlined in Section
1400.0.
SECTION 500.0 DUTIES OF THE ENFORCEMENT OFFICIAL(S)
The Building and Zoning Administrator shall be responsible
for the general administration and enforcement of this Ordi-
nance which shall include the following:
501.0 Determining the Flood Plain Designation. Check
all new development sites to determine whether
they are in a Special Flood Hazard Area (SFHA).
If they are in a SFHA, determine whether they are
in a floodway, flood fringe or in a flood plain on
which a detailed study has not been conducted
which drains more than one (1) square mile.
-9-
502.0 Professional Engineer Review. If the development
site is within a floodway or in a flood plain on
which a detailed study has not been conducted which
drains more than one (1) square mile, then the
permit shall be referred to a registered profession-
al engineer (P.E.) under the employ or contract of
the Village for review to ensure that the develop-
ment meets the requirements of Section 800.0. In
the case of an Appropriate Use, the P.E. shall
state in writing that the development meets the
requirements of Section 800.0.
503.0 Dam Safety Requirements. Ensure that a DWR Dam
Safety Permit is required, if the proposed develop-
ment activity includes construction of a dam as
defined in Section 300.9. Regulated dams may in-
clude weirs, restrictive culverts or impoundment
structures.
504.0 Other Permit Requirements. Ensure that any and all
required federal, state and local permits are re-
ceived prior to the issuance of a flood plain
development permit.
505.0 Plan Review and Permit Issuance. Ensure that all
development activities within the SFHAs of the
jurisdiction of the Village meet the requirements
of this Ordinance and issue a flood plain develop-
ment permit in accordance with the provisions of
this Ordinance and other regulations of this
community when the development meets the conditions
of this Ordinance.
506.0 Inspection Review. Inspect all development projects
before, during and after construction to assure
proper elevation of the structure and to ensure they
comply with the provisions of this Ordinance.
507.0 Elevation and Floodproofing Certificates. Maintain
in the permit files an Elevation Certificate certi-
fying the elevation of the lowest floor (including
basement) of a residential or non - residential build-
ing or the elevation to which a non - residential
building has been floodproofed, using a Floodproofing
Certificate, for all buildings subject to Section
1000.0 of this Ordinance for public inspection and
provide copies of same;
508.0 Records for Public Inspection. Maintain for public
inspection and furnish upon request base flood data,
SFHA and regulatory floodway maps, copies of federal
or state permit documents, variance documentation,
Conditional Letter of Map Revision, Letter of Map
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Amendment and "as built" elevation and floodproof-
ing or elevation and floodproofing certificates
for all buildings constructed subject to this
Ordinance.
509.0 State Permits. Ensure that construction authoriza-
tion has been granted by the Illinois Division of
Water Resources, for all development projects sub-
ject to Sections 800.0 and 900.0 of this Ordinance,
unless enforcement responsibility has been delegated
to the Village. Upon acceptance of this Ordinance
by DWR and FEMA, responsibility is hereby delegated
to the Village as per 92 Ill. Adm. Code 708 for
construction in the regulatory floodway and flood
plain when floodways have not been defined in
Sections 800.0 and 900.0 of this Ordinance. However,
the following review approvals are not delegated to
the Village and shall require review or permits
from DWR:
a.
Organizations which are exempt from the Ordi-
nance, as per the Illinois Revised Statutes;
b. Department of Transportation projects, dams or
impoundment structures as defined in Section
300.9 and all other state, federal or local
unit of government projects, including projects
of the Village and County, except for those
projects meeting the requirements of Sec. 802.5;
c. An engineer's determination that an existing
bridge or culvert crossing is not a source of
flood damage and the analysis indicating the
proposed flood profile, per Section 802.1(e);
d. An engineer's analysis of the flood profile
due to Section 802.1(d);
e. Alternative transition sections and hydrauli-
cally equivalent compensatory storage as
indicated in Section 802.1(a, b and h);
f. Permit issuance of structures within or over
publicly navigable rivers, lakes and streams;
g Any changes in the Base Flood Elevation or
floodway locations; and
h. Base Flood Elevation determinations where none
now exist.
510.0 Cooperation with Other Agencies. Cooperate with
state and federal flood plain management agencies
to improve base flood or 100 -year frequency flood
and floodway data and to improve the administration
of this Ordinance. Submit data to DWR and the
Federal Emergency Management Agency for proposed
revisions of a regulatory map. Submit reports as
required for the National Flood Insurance Program.
Notify the Federal Emergency Management Agency of
any proposed amendments to this Ordinance.
511.0 Promulgate Regulations. Promulgate rules and
regulations as necessary to administer and enforce
the provisions of this Ordinance, and approved by
DWR and FEMA prior to recommending any changes to
this Ordinance.
SECTION 600.0 BASE FLOOD ELEVATION
This Ordinance's protection standard is based on the
Flood Insurance Study for the Village. If a base flood
elevation or 100 -year frequency flood elevation is not
available for a particular site, then the protection standard
shall be according to the best existing data available in the
Illinois State Water Survey's Flood Plain Information
Repository. When a party disagrees with the best available
data, he /she may finance the detailed engineering study needed
to replace existing data with better data and submit it to DWR
and FEMA.
601.0 The base flood or 100 -year frequency flood
elevation for the SFHAs of Tributary A of the I & M
Canal shall be as delineated on the 100 -year flood
profiles in the Flood Insurance Study of the
Village prepared by FEMA and dated August 4, 1988,
and such amendments to such study and maps as may
be prepared from time to time.
602.0 The base flood or 100 -year frequency flood
elevation for the SFHAs of those parts of
unincorporated Cook, Will, and DuPage Counties that
are within the extra - territorial jurisdiction of
the Village or that may be annexed into the Village
shall be as delineated on the 100 -year flood
profiles in the Flood Insurance Study of County
prepared by FEMA and dated April 15, 1981 for Cook
County; April 15, 1982 for DuPage County; and
September 6, 1995 for Will County, and such
amendments or revisions to such studies and maps as
may be prepared from time to time.
603.0 The base flood or 100 -year frequency 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
Village.
-12-
ear frequency flood eleva-
tion base flood or 100-year as an "AH Zone" or
604.0 each SFHA of the
"AOfor the Flood Insurance Rate Map
"AO Zone" on according to the best existing
Village available be
Water Survey
in the Illinois State When no base
Flood ap ainble Repository. Flood Plain -ye Information flood elevation exists,
the base 100-year frequency ear frequency flood elevation
the base flood or SFHA shall a riverine SFHA shall be determined from dynamic
back-
water such as HEC -2 , WSP -2, or a
modl model The flood flows used in the
HIP. hydro-
logic such as be obtained from HIP, yr by
logic
hydraulic model, such shall HEC -1, TR -20,
logic model, such as
techniques presented in various publications
Su prepared by the United States Geological flows
for estimating peak flood discharges.
on anticipated future land use
should be based tans. Along
conditions in the watershed as determined
from
Tonal land square
adopted local and regional more than one (1)
any watercourses draiSesgshall be submitted to
mile, the above lolly
approval, once approved it must be sub-
mitted
Flood-
plain for aPP For a
mitted to the Illinois State Water Survey
plain Information Repository
verine SFHA, the Base Flood lule Elevation shall
be of Record study
bn the historic Flood of
detailed engineering
unless calculated by
and approved by the Illinois State Water Survey.
SECTION 700.0
OCCUPATION AND USE OF FLOOD FRINGE AREAS
or filling of the flood f ring
e will
Development in and/ provided against the base flood
proper elevation, and base flood
or 100-Year if protection is
ear frequency flood by prOOf this Ordinance are met.
compensa-
tory yst provisions affects the capacity
tore et will and other P which adversely
permitted Developments located
of use will be P systems. tsio of this
of drainage facilities or sY
within the flood fringe shall meet the requirements
with the requirements of Section 1000.0.
section, along corporation,
No person, firm,
tent Permit. exempted by state law
701.0 Development without
shall governmental body not ment in the SFHA
shall commence any develop permit from the
first obtaining a development p
Building and Zoning Administrator.
development permit shall be
made
701.1 Application for a the Building and zoning
provided by application shall be accompanied
on a form P The app showing
by drawings o drawn to scale, tion for
by drawings of the site, legal description property line dimensions and lecensed engineer,
property and sealed by existing grade elevations
the i land surveyor;
architect or
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in M.S.L., 1929 adj. datum or N.G.V.D. and all
changes in grade resulting from excavation or
filling; the location and dimensions of all build-
ings, the elevation of the lowest floor (including
basement) and lowest adjacent grade shall be shown
on the submitted plans and the development will be
subject to the requirements of Section 1000.0 of
this Ordinance.
701.2 Upon receipt of a development permit application,
the Village Engineer shall compare the elevation
of the site to the base flood or 100 -year frequency
flood elevation. Any development located on land
that can be shown to have been higher than the base
flood elevation as of the site's first Flood In-
surance Rate Map identification is not in the SFHA
and, therefore, not subject to the requirements of
this Ordinance. 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.
701.3 A soil erosion and sedimentation control plan for
disturbed areas shall be submitted. The plan shall
include a description of the sequence of grading
activities and the temporary sediment and erosion
control measures to be implemented to mitigate
their effects. This plan shall also include a
description of final stabilization and revegetation
measures, and the identification of a responsible
party to ensure post construction maintenance.
701.4 The Applicant shall be responsible for obtaining
copies of all other local, state and federal permits,
approvals or permit- not - required letters that may
be required for this type of activity. The Building
and Zoning Administrator shall not issue a permit
unless the Applicant certifies all other local,
state and federal permits have been obtained.
702.0 Preventing Increased Damages. No development in
the flood fringe shall create a threat to public
health and safety.
702.1 If fill is being used to elevate the site above
the base flood or 100 -year frequency flood elevation,
the applicant shall submit sufficient data and
obtain a letter of map revision (LOMR) from FEMA
for the purpose of removing the site from the
flood plain.
702.2 Compensatory Storage. Whenever any portion of a
flood plain is authorized for use, the volume of
-14-
space which will be occupied by the authorized fill
or structure below the base flood or 100 -year fre-
quency flood elevation shall be compensated for and
balanced by a hydraulically equivalent volume of
excavation taken from below the base flood or 100 -
year frequency flood elevation. The excavation
volume shall be at least equal to 1.5 times the
volume of storage lost due to the fill or structure.
In the case of streams and watercourses, such exca-
vation shall be made opposite or adjacent to the
areas so filled or occupied. All flood plain
storage lost below the existing 10 -year flood
elevation shall be replaced below the proposed
10 -year flood elevation. All flood plain storage
lost above the existing 10 -year flood elevation
shall be replaced above the proposed 10 -year flood
elevation. All such excavations shall be con-
structed to drain freely and openly to the water-
course.
SECTION 800 OCCUPATION AND USE OF IDENTIFIED FLOODWAYS
This Section applies to proposed development, redevelop-
ment, site modification or building modification within a
regulatory floodway. The regulatory floodway for Tributary
A shall be as delineated on the regulatory floodway maps
designated by DWR according to and referenced in Section
300.34. Only those uses and structures will be permitted
which meet the criteria in this section. All floodway modifi-
cations shall be the minimum necessary to accomplish the
purpose of the project. The development shall also meet the
requirements of Section 1000.
801.0 Development Permit. No person, firm, corporation
or governmental body not exempted by State law
shall commence any development in a floodway without
first obtaining a development permit from the
Building and Zoning Administrator.
801.1 Application for development permit shall be made
on a form provided by the Building and Zoning Admin-
istrator. The application shall include the follow-
ing information:
a. Name and address of applicant;
b. Site location (including legal description) of
the property, drawn to scale, on the regulatory
floodway map, indicating whether it is proposed
to be in an incorporated or unincorporated area;
c. Name of stream or body of water affected;
d. Description of proposed activity;
e. Statement of purpose of proposed activity;
f. Anticipated dates of initiation and completion
of activity;
g Name and mailing address of the owner of the
cant;
subject property if different from the app
h. Signature of applicant or the applicant's agent;
i, If the applicant is a corporation, the presi-
dent or other authorized officer shall sign
the application form;
applicant is a partnership, each partner
j , If the
shall sign the application form;
applicant is a land trust, the trust
o
}{ , If the aPP the name o
officer shall sign of the trustee by
him (her) as trust officer. A discloation,
of affidavit shall be filed with the the applilict by
identifying each beneficiary the espuctiv
name and address and defining
interests therein.
1. Plans of the proposed activity shall be pro-
vided which include as a minimum:
vicinity map showing the site of the
(i) A
activity, name of the waterway, boundary
roads vicinity of
the s ite, graphicornumericalscale and
north arrow;
view of the project and engineering
(ii) A plan
study each showing existing and proposed conditions including p rincipal dimensions
of the structure or work, elevations in or
mean sea. level (1929 adjustment) tt) lines datum
owner -
N.G.V.D., adjacent property and
ship, drainage and flood control easements,
location of any channels and any existing
or future access roads, distance between
proposed activity and navigation channel
(when the proposed construction is near a
commercially navigable body of water),
regulatory
floodway limit, flood plain limit,
specifications and dimensions
locati any npro-
posed channel modifications, and
orientation of cross - sections, north arrow,
and a graphic or numerical scale;
(iii) Cross - section view of the project and
engineering study reach showing existing
and proposed conditions including principal
dimensions of the work as shown in plan
view, existing and proposed elevations,
normal water elevation, 10 -year frequency
flood elevation, 100 -year frequency flood
elevation, and graphic or numerical scales
(horizontal and vertical);
(iv) A copy of the regulatory floodway map,
marked to reflect any proposed change in
the regulatory floodway location.
m. Any and all other local, state and federal
permits or approval letters that may be required
for this type of development.
n. Engineering calculations and supporting data
shall be submitted showing that the proposed
work will meet the permit criteria of Section
802.0.
o. If the regulatory floodway delineation, base
flood or 100 -year frequency flood elevation will
change due to the proposed project, the applica-
tion will not be considered complete until DWR
has indicated conditional approval of the
regulatory floodway map change. No structures
may be built until a Letter of Map Revision has
been approved by FEMA.
The application for a structure shall be accom-
panied by drawings of the site, drawn to scale
showing property line dimensions and existing
ground elevations and all changes in grade
resulting from any proposed excavation or
filling, and flood plain and floodway limits;
sealed by a registered professional engineer,
licensed architect, or registered land surveyor;
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
Section 1000.0 of this Ordinance.
801.2 The Applicant shall be responsible for obtaining
copies of all other local, state and federal permits
and approvals that may be required for this type of
activity. The Building and Zoning Administrator
shall not issue the development permit unless all
required federal and state permits have been obtain-
ed. A Registered Professional Engineer, under the
employ or contract of the Village shall review and
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approve applications reviewed under this Section.
802.0 Preventing Increased Damages and a List of Appropriate
Uses. The only developments in a floodway which will
be allowed are Appropriate Uses, which will not cause
a rise in the base flood elevation, and which will
not create a damaging or potentially damaging in-
crease in flood heights or velocity or be a threat
to public health and safety and welfare. Only
those Appropriate Uses listed in 92 I11. Adm. Code
708 will be allowed. Appropriate Uses do not include
the construction or placement of any new structures,
fill, building additions, buildings on stilts,
fencing (including landscaping or planting designed
to act as a fence) and storage of materials except
as specifically defined above as an Appropriate
Use. The approved Appropriate Uses are as follows:
a. Flood control structures, dikes, dams and other
public works or private improvements relating to
the control of drainage, flooding, erosion, or
water quality or habitat for fish and wildlife.
b. Structures or facilities relating to the use of,
or requiring access to, the water or shoreline,
such as pumping and treatment facilities, and
facilities and improvements related to recrea-
tional boating, commercial shipping and other
functionally water dependent uses;
c. Storm and sanitary sewer outfalls;
d. Underground and overhead utilities;
e. Recreational facilities such as playing fields
and trail systems including any related fencing
(at least 50% open when viewed from any one
direction) built parallel to the direction of
flood flows, and including open air pavilions;
f. Detached garages, storage sheds, or other non -
habitable accessory structures without toilet
facilities to existing buildings that will not
block flood flows, nor reduce floodway storage.
g. Bridges, culverts, roadways, sidewalks, rail-
ways, runways and taxiways and any modification
thereto;
h. Parking lots and any modifications thereto
(where depth of flooding at the 100 -year fre-
quency flood event will not exceed 1.0 ") and
aircraft parking aprons built at or below ground
elevation.
-18-
i, Regulatory floodway regrading, without fill, to
create a positive non - erosive slope toward a
watercourse.
Flood proofing
activities to protect previously
existing lawful structures including the con-
struction of water tight window wells, elevating
structures, or construction of floodwalls around
residential, commercial or industrial principal
wall shall be where
no more outside (10) feet away
wall shall be structure,
from the exterior wall of the existing
and, which are not considered substantial improve-
ments to the structure.
d or replacement buildings,
k, In the case of damaged, made to a building
reconstruction or repairs
are valued at less than 50% of the market
value of the building- before it was damaged
replaced, and which do not increase the outside
dimensions of the building.
1 Additions to existing buildings above the BE
that do not increase the building's foot print
are valued at less than 50% of the market
value of the building.
Within the regulatory floodway as identified on the
802.1 the con -
regulatory floodway maps designated by
Use, will be considered
con-
struction of an Appropriate
permissible provided that the proposed project meets
the following engineering criteria and is so stated
with supporting plans, calculations and
in data writing registered professional engineer and pro-
vided by a reg protection re-
quirements that any structure meets the p
of Section 1000.0 of this Ordinance:
a. Preservation of Flood Conveyance, so as Not to
Stages Upstream. For appropriate
Increase Flood Stag e or culvert crossings, on-
uses other than bridg
stream structures °rconveyance lostcdueeto the
regulatory floodway
project will be replaced for all flood events
up to and including the 100 -year frequency flood.
effective regulatory floodway
conveyance, veyance, the following factors shall be taken
conveyance,
into consideration:
(i)
Regulatory floodway conveyance,
"K" = 1.486 AR 2/3
n
" is Manning
's roughness factor,
where n
j
"A" is the effective area of the cross -
section, and "R" is the ratio of the area
to the wetted perimeter. (See Open Channel
Hydraulics, Ven Te Chow 1959, McGraw -Hill
Book Company, New York)
(ii) The same Manning's "n" value shall be used
for both existing and proposed conditions
unless a recorded maintenance agreement
with a federal, state, or local unit of
government can assure the proposed con-
ditions will be maintained or the land
cover is changing from a vegetative to a
non - vegetative land cover.
(iii) Transition sections shall be provided and
used in calculations of effective regulatory
floodway conveyance. The following expansion
and contraction ratios shall be used unless
an applicant's engineer can prove to DWR
through engineering calculations or model
tests that more abrupt transitions may be
used with the same efficiency:
(a) When water is flowing from a narrow
section to a wider section, the water
should be assumed to expand no faster
than at a rate of one foot horizontal
for every four feet of the flooded
stream's length.
(b) When water is flowing from a wide
section to a narrow section, the water
should be assumed to contract no faster
than at a rate of one foot horizontal
for every foot of the flooded stream's
length.
(c) When expanding or contracting flows in
a vertical direction, a minimum of one
foot vertical transition for every ten
feet of stream length shall be used.
(d) Transition sections shall be provided
between cross - sections with rapid ex-
pansions and contractions and when
meeting the regulatory floodway deline-
ation on adjacent properties.
(e) All cross - sections used in the calcu-
lations shall be located perpendicular
to flood flows.
b.. Preservation of Floodway Storage so as Not To
Increase Downstream Flooding. Compensatory
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storage shall be provided for any regulatory
floodway storage lost due to the proposed work
from the volume of fill or structures placed
and the impact of any related flood control
projects. Compensatory storage for fill or
structures shall be equal to at least 1.5 times
the volume of flood plain storage lost. Arti-
ficially created storage lost due to a reduction
in head loss behind a bridge shall not be required
to be replaced. The compensatory regulatory
floodway storage shall be placed between the
proposed normal water elevation and the proposed
100 -year flood elevation. All regulatory flood -
way storage lost below the existing 10 -year flood
elevation shall be replaced above the proposed
10 -year flood elevation. All such excavations
shall be constructed to drain freely and openly
to the watercourse. If the compensatory storage
will not be placed at the location of the
proposed construction, the applicant's engineer
shall demonstrate to DWR through a determination
of flood discharges and water surface elevations
that the compensatory storage is hydraulically
equivalent. Finally, there shall be no reduction
in floodway surface area as a result of a flood -
way modification, unless such modification is
necessary to reduce flooding at existing structure.
c Preservation of Floodway Velocities so as Not to
Increase Stream Erosion or Flood Heights. For
all Appropriate Uses, except bridges or culverts
or on- stream structures, the proposed work will
not result in an increase in the average channel
or regulatory floodway velocities. However, in
the case of bridges or culverts or on- stream _
structures built for the purpose of backing up
water in the stream during normal or flood
flows, velocities may be increased at the
structure site if scour, erosion and sedimenta-
tion will be avoided by the use of riprap or
other design measures.
d. Construction of New Bridges or Culvert Crossings
and Roadway Approaches. The proposed structure
shall not result in an increase of upstream
flood stages greater than 0.1 foot when compared
to the existing conditions for all flood events
up to and including the 100 -year frequency event;
or the upstream flood stage increases will be
contained within the channel banks (or within
existing vertical extensions of the channel
banks) such as within the design protection
-21-
grade of existing levees or flood walls or
within recorded flood easements. If the pro-
posed construction will increase upstream
flood stages greater than 0.1 feet, the
developer must contact DWR, Dam Safety Section
for a Dam Safety permit or waiver.
(i) The engineering analysis of upstream flood
stages must be calculated using the flood
study flows, and corresponding flood eleva-
tions for tailwater conditions for the flood
study specified in Section 600.0 of this
Ordinance. Culverts must be analyzed using
the U.D. DOT, FHWA Hydraulic Chart for the
Selection of Highway Culverts. Bridges
must be analyzed using the U.S. DOT /Federal
Highway Administration Hydraulics of Bridge
Waterways calculation procedures.
(ii) Lost floodway storage must be compensated
for per Section 802.1(b).
(iii) Velocity increases must be mitigated per
Section 802.1(c).
(iv) If the crossing is proposed over a public
water that is used for recreational or
commercial navigation, a Department of
Transportation permit must be received.
(v) The hydraulic analysis for the backwater
caused by the bridge showing the existing
condition and proposed regulatory profile
must be submitted to DWR for concurrence
that a CLOMR is not required by Section
802.0.
(vi) All excavations for the construction of
the crossing shall be designed per Section
802.1(h).
e. Reconstruction or Modification of Existing
Bridges, Culverts, and Approach Roads.
(i) The bridge or culvert and roadway approach,
reconstruction or modification shall be
constructed with no more than 0.1 foot in-
crease in backwater over the existing flood
profile for all flood frequencies up to and
including the 100 -year event, if the exist-
ing structure is not a source of flood
damage.
-22-
L
(ii) If the existing bridge or culvert and road-
way approach is a source of flood damage to
buildings or structures in the upstream
flood plain, the applicant's engineer shall
evaluate the feasibility of redesigning
the structure to reduce the existing back-
water, taking into consideration the effects
on flood stages on upstream and downstream
properties.
(iii) The determination as to whether or not the
existing crossing is a source of flood
damage and should be redesigned must be
prepared in accordance with the Department
of Transportation Rules 92 Ill. Adm. Code
708 (Floodway Construction in Northeastern
Illinois) and submitted to the Division for
review and concurrence before a permit is
issued.
f. On- Stream Structures Built for the Purpose of
Backing Up Water. Any increase in upstream
flood stages greater than 0.0 foot when compared
to the existing conditions, for all flood events
up to and including the 100 -year frequency event
shall be contained within the channel banks (or
within existing vertical extensions of the channel
banks) such as within the design protection grade
of existing levees or flood walls or within
recorded flood easements. A permit or letter
indicating a permit is not required must be
obtained from DWR, Dam Safety Section for a Dam
Safety permit or waiver for any structure built
for the purpose of backing up water in the stream
during normal or flood flow. All dams and im-
poundment structures as defined in Section 300.9
shall meet the permitting requirements of 92 Ill.
Adm. Code 702 (Construction and Maintenance of
Dams). If the proposed activity involves a
modification of the channel or floodway to
accommodate an impoundment, it shall be demon-
strated that:
(i) The impoundment is determined to be in the
public interest by providing flood control,
public recreation, or regional stormwater
detention;
(ii) The impoundment will not cause or contribute
to degraded water quality or habitat con-
ditions. Impoundment design should include
gradual bank slopes, appropriate bank
stabilization measures, and a pre- sedimen-
tation basin.
(iii) A non -point source control plan has been
implemented in the upstream watershed to
control the effects of sediment runoff as
well as minimize the input of nutrients,
oil and grease, metals, and other pollutants.
If there is more than one municipality in
the upstream watershed, the municipality in
which the impoundment is constructed should
coordinate with upstream municipalities to
ensure comprehensive watershed control;
(iv) The project otherwise complies with the
requirements of Section 800.
g. Flood Proofing of Existing Habitable, Residential
and Commercial Structures. If construction is
required beyond the outside dimensions of the
existing building, the outside perimeter of the
floodproofing construction shall be placed no
further than 10 feet from the outside of the
building. Compensation of lost storage and
conveyance will not be required for floodproofing
activities.
h. Excavation in the Floodway. When excavation is
proposed in the design of bridges and culvert
openings, including the modifications to and
replacement of existing bridge and culvert
structures, or to compensate for lost conveyance
for other Appropriate Uses, transition sections
shall be provided for the excavation. The
following expansion and contraction ratios shall
be used unless an applicant's engineer can prove
to DWR through engineering calculations or model
tests that more abrupt transitions may be used
with the same efficiency.
(i) When water is flowing from a narrow section
to a wider section, the water should be
assumed to expand no faster than at a rate
of one foot horizontal for every four feet
of the flooded stream's length;
(ii) When water is flowing from a wide section
to a narrow section, the water should be
assumed to contract no faster than at a
rate of one foot horizontal for every one
foot of the flooded stream's length; and
(iii) When expanding or contracting flows in a
vertical direction, a minimum of one foot
vertical transition for every ten feet of
stream length shall be used.
where possible, to preserve the shading
and stabilization effects of the
vegetation.
(d) Clearing of vegetation shall be limited
to that which is essential for con-
struction of the channel.
(e) Channel banks shall be constructed with
a side slope no steeper than 3:1 hori-
zontal to vertical, wherever practicable.
Natural vegetation and gradual side
slopes are the preferred methods for
bank stabilization. Where high velocities
or sharp bends necessitate the use of
alternative stabilization measures,
natural rock or rip -rap are preferred
materials. Artificial materials such
as concrete, gabions, or construction
rubble should be avoided unless there
are no practicable alternatives.
(f) All disturbed areas associated with the
modification shall be seeded or other-
wise stabilized as soon as possible
upon completion of construction. Ero-
sion blanket or an equivalent material
shall be required to stabilize disturb-
ed channel banks prior to establishment
of the vegetative cover.
(g) If the existing channel contains con -
siderable bottom diversity such as deep
pools, riffles, and other similar
features, such features shall be pro-
vided in the new channel. Spawning and
nesting areas and flow characteristics
compatible with fish habitat shall also
be established, where appropriate.
(h) A sediment basin shall be installed at
the downstream end of the modification
to reduce sedimentation and degradation
of downstream water quality.
(i) New or relocated channels should be
built in the dry and all items of con-
struction, including vegetation, should
be completed prior to diversion of
water into the new channel.
(j) There shall be no increases in stage or
velocity as the channel enters or leaves
the project site for any frequency flood
(iv) Erosion /Scour protection shall be provided
inland upstream and downstream of the tran-
sition sections.
i. If the proposed activity involves a channel
modification, it shall be demonstrated that:
(i) There are no practicable alternatives to
the activity which would accomplish its
purpose with less impact to the natural
conditions of the body of water affected.
Possible alternatives include levees, bank
stabilization, flood proofing of existing
structures, removal of structures from the
flood plain, clearing the channel, high flow
channel, or the establishment of a stream
side buffer strip or green belt. Channel
modification is acceptable if the purpose
is to restore natural conditions and improve
water quality and fish and wildlife habitat;
(ii) Water quality, habitat, and other natural
functions would be significantly improved
by the modification and no significant
habitat area may be destroyed, or the im-
pacts are offset by the replacement of an
equivalent degree of natural resource values;
(iii) The activity has been planned and designed
and will be constructed in a way which will
minimize its adverse impacts on the natural
conditions of the body of water affected,
consistent with the following criteria:
(a) The physical characteristics of the
modified channel shall match as closely
as possible those of the existing
channel in length, cross - section, slope
and sinuosity. If the existing channel
has been previously modified, restora-
tion of more natural physical conditions
should be incorporated into channel
modification design, where practical.
(b) Hydraulically effective transitions
shall be provided at both the upstream
and downstream ends of the project,
designed such that they will prevent
erosion.
(c) One -sided construction of a channel
shall be used when feasible. Removal
of a streamside (riparian) vegetation
should be limited to one side of the
j
unless necessitated by a public flood
control project or unless such an in-
crease is justified as part of a habi-
tat improvement or erosion control
project.
(k) Unless the modification is for a public
flood control project, there shall be
no reduction in the volume of flood-
water storage outside the floodway as
a result of the modification; and
(iv) The project otherwise complies with the
requirements of Section 800.
Seeding and Stabilization Plan. For all activi-
ties located in a floodway, a seeding and stabili-
zation plan shall be submitted by the applicant.
k. Public Flood Control Projects. For public flood
control projects, the permitted requirements of
this section will be considered met if the
applicant can demonstrate to DWR through hydraulic
and hydrologic calculations that the proposed
project will not singularly or cumulatively re-
sult in increased flood heights outside the
project right -of -way or easements for all flood
events up to and including the 100 -year frequency
event.
1. General Criteria for Analysis of Flood Elevations.
(i) The flood profiles, flows and floodway data
in the regulatory floodway study, referenced
in Section 600.0, must be used for analysis
of the base conditions. If the study data
appears to be in error or conditions have
changed, DWR shall be contacted for
approval and concurrence on the appropriate
base conditions data to use.
(ii) If the 100 -year regulatory floodway elevation
at the site of the proposed construction is
affected by backwater from a downstream
receiving stream with a larger drainage area,
the proposed construction shall be shown to
meet the requirements of this section for
the 100 -year frequency flood elevations of
the regulatory floodway conditions and con-
ditions with the receiving stream at normal
water elevations.
(iii) If the applicant learns from DWR, local
governments, or a private owner that a down-
stream restrictive bridge or culvert is
scheduled to be removed, reconstructed,
modified, or a regional flood control
project is scheduled to be built, removed,
constructed or modified within the next
five years, the proposed construction shall
be analyzed and shown to meet the require-
ments of this section for both the existing
conditions and the expected flood profile
conditions when the bridge, culvert or flood
control project is built.
m. Conditional Letter of Map Revision. If the
Appropriate Use would result in a change in the
regulatory floodway location or the 100 -year
frequency flood elevation, the applicant shall
submit to DWR and to FEMA all the information,
calculations and documents necessary to be
issued a conditional regulatory floodway map
revision and receive from DWR a conditional
approval of the regulatory floodway change
before a permit is issued. However, the final
regulatory floodway map will not be changed by
DWR until as -built plans or record drawings are
submitted and accepted by FEMA and DWR. In the
case of non - government projects, the municipality
in incorporated and the county in unincorporated
areas shall concur with the proposed conditional
regulatory floodway map revision before DWR
approval can be given. No filling, grading,
dredging or excavating shall take place until
a conditional approval is issued. No further
development activities shall take place until
a final Letter of Map Revision (LOMR) is issued
by FEMA and DWR.
n. Professional Engineer's Supervision. All engineer-
ing analyses shall be performed by or under the
supervision of a registered professional engineer
utilizing accepted practices.
After receipt of conditional approval of the regulatory
floodway change and issuance of a permit and a Conditional
Letter of Map Revision, construction as necessary to change
the regulatory floodway designation may proceed but no
buildings or structures or other construction that is not
an Appropriate Use may be placed in that area until the
regulatory floodway map is changed and a final Letter of
Map Revision is received. The regulatory floodway map will
be revised upon acceptance and concurrence by DWR and FEMA
of the "as built" plans.
802.2 State Review. For those projects listed below
802.3
located in a regulatory floodway, the following
criteria shall be submitted to DWR for their review
and concurrence prior to the issuance of a permit:
a. DWR will review an engineer's analysis of the
flood profile due to a proposed bridge pursuant
to Section 802.1(d).
b. DWR will review an engineer's determination that
an existing bridge or culvert crossing is not a
source of flood damage and the analysis indica-
ting the proposed flood profile, pursuant to
Section 802.1(e).
c. The DWR will review alternative transition
sections and hydraulically equivalent storage
pursuant to Section 802.1(a, b and h).
d. The DWR will review and approve prior to the
start of construction any Department projects,
dams (as defined in Section 300.9) and all other
State, federal, or local units of government
projects, including projects of the municipality
or county.
Other Permits. In addition to the other requirements
of this Ordinance, a development permit for a site
located in a floodway shall not be issued unless the
applicant first obtains a permit or written documen-
tation that a permit is not required from DWR, issued
pursuant to Illinois Revised Statutes, Chapter 19,
Section 52 et seq. No permit from DWR shall be re-
quired if the Division has delegated this responsi-
bility to the Village.
802 4 Dam Safety Permits. Any work involving the con-
struction, modification or removal of a dam as defin-
ed in Section 300.9 per 92 Ill. Adm.Code 702 (Rules
for Construction of Dams) shall obtain an Illinois
Division of Water Resources Dam Safety permit prior
to the start of construction of a dam. If the Build-
ing and Zoning Administrator finds a dam that does
not have a DWR permit, the Building and Zoning
Administrator shall immediately notify the owner of
the dam, DWR, Dam Safety Section in Springfield and
the Illinois Emergency Services and Disaster Agency
(ESDA).
802.5 Activities That Do Not Require a Registered Pro-
fessional Engineer's Review. The following activities
may be permitted without a registered professional
engineer's review. Such activities shall still meet
the other requirements of this Ordinance, including
the mitigation requirements:
a. Underground and overhead utilities that:
(i) Do not result in any increase in existing
ground elevations, or
(ii) Do not require the placement of above
ground structures in the floodway, or
(iii) In the case of underground stream crossings,
the top of the pipe or encasement is buried
a minimum of 3' below the existing stream
bed; and
(iv) In the case of overhead utilities, no
supporting towers are placed in the water-
course and are designed in such a fashion
as not to catch debris.
b. Storm and sanitary sewer outfalls that:
(i) Do not extend riverward or lakeward of the
existing adjacent natural bank slope, and
(ii) Do not result in an increase in ground
elevation; and
(iii) Are designed so as not to cause stream
erosion at the outfall location.
c. Construction of sidewalks, athletic fields (ex-
cluding fences), properly anchored playground
equipment and patios at grade.
d. Construction of shoreline and streambank pro -
tection that:
(i) Does not exceed 1000 feet in length.
(ii) Materials are not placed higher than the
existing top of bank.
(iii) Materials are placed so as not to reduce
the cross - sectional area of the stream
channel or bank of the lake.
e. Temporary stream crossings in which:
(i) The approach roads will be 0.5' (1/2 foot)
or less above natural grade.
(ii) The crossing will allow stream flow to pass
without backing up the water above the
stream bank vegetation line or above any
drainage tile or outfall invert.
(iii) The top of the roadway fill in the channel
will be at least 2' below the top of the
lowest bank. Any fill in the channel shall
be non - erosive material, such as rip -rap
or gravel.
(iv) All disturbed stream banks will be seeded or
otherwise stabilized as soon as possible upon
installation and again upon removal of con-
struction.
(v) The access road and temporary crossings will
be removed within one year after authoriza-
tion.
SECTION 900.0 OCCUPATION AND USE OF SFHA AREAS WHERE FLOODWAYS
ARE NOT IDENTIFIED
In SFHA or flood plains, where no floodways have been
identified and no base flood or 100 -year frequency flood
elevations have been established by FEMA, and draining more
than a square mile, no development shall be permitted unless
the cumulative effect of the proposals, when combined with all
other existing and anticipated uses and structures, shall not
significantly impede or increase the flow and passage of the
floodwaters nor significantly increase the base flood or 100 -
year frequency flood elevation.
901.1
Development Permit. No person, firm, corporation or
governmental body, not exempted by state law, shall
commence any development in a SFHA or flood plain
without first obtaining a development permit from
the Building and Zoning Administrator. Application
for a development permit shall be made on a form
provided by the Building and Zoning Administrator.
The application shall be accompanied by drawings of
the site, drawn to scale showing property line
dimensions; and existing grade elevations and all
changes in grade resulting from excavation or filling,
sealed by a licensed engineer, architect or surveyor;
the location and dimensions of all buildings and
additions to buildings; and the elevation at the
lowest floor (including basement) of all proposed
buildings subject to the requirements of Section
1000 of this Ordinance.
The application for a development permit shall also
include the following information:
a. A detailed description of the proposed activity,
its purpose, and intended use;
b. Site location (including legal description) of
the property, drawn to scale, on the regulatory
floodway maps, indicating whether it is proposed
to be in an incorporated or unincorporated area;
c. Anticipated dates of initiation and completion
of activity;
d. Plans of the proposed activity shall be pro-
vided which include as a minimum:
(i) A vicinity map showing the site of the
activity, name of the waterway, boundary
lines, names of roads in the vicinity of
the site, graphic or numerical scale, and
north arrow;
(ii) A plan view of the project and engineering
study reach showing existing and proposed
conditions including principal dimensions
of the structure or work, elevations in
mean sea level (1929 adjustment) datum or
N.G.V.D., adjacent property lines and owner-
ship, drainage and flood control easements,
distance between proposed activity and
navigation channel (when the proposed con-
struction is near a commercially navigable
body of water), flood plain limit, location
and orientation of cross - sections, north
arrow, and a graphical or numerical scale;
(iii) Cross - section views of the project and
engineering study reach showing existing
and proposed conditions including princi-
pal dimensions of the work as shown in plan
view, existing and proposed elevations,
normal water elevation, 10 -year frequency
flood elevation, 100 -year frequency flood
elevation, and graphical or numerical
scales (horizontal and vertical); and
e. Engineering calculations and supporting data
shall be submitted showing that the proposed work
will meet the criteria of Section 902.0.
f. Any and all other local, state and federal
permits or approvals that may be required for
this type of development.
901.2 Based on the best available existing data according
to the Illinois State Water Survey's Flood Plain
Information Repository, the Village Engineer shall
compare the elevation of the site to the base flood
or 100 -year frequency flood elevation. Should no
elevation information exist for the site, the
developer's engineer shall calculate the elevation
according to,Section 604.0. Any development located
on land that can be shown to have been higher than
the base flood elevation as of the site's first
Flood Insurance Rate Map identification is not in
the SFHA and, therefore, not subject to the require-
ments of this Ordinance. The Building and 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.
901.3 The Applicant shall be responsible for obtaining
copies of all other local, state, and federal permits,
approvals or permit- not - required letters that may be
required for this type of activity. The Building and
Zoning Administrator shall not issue the development
permit unless all required local, state and federal
permits have been obtained.
902.0 Preventing Increased Damages. No development in the
SFHA, where a floodway has not been determined shall
create a damaging or potentially damaging increase
in flood heights or velocity or threat to public
health, safety and welfare.
902.1 Within all riverine SFHA's where the floodway has
not been determined, the following standards shall
apply:
a. The developer shall have a Registered Professional
Engineer state in writing and show through support-
ing plans, calculations, and data that the
project meets the engineering requirements of
Section 802.1(a) through (1) for the entire flood
plain as calculated under the provisions of
Section 604.0 of this Ordinance. As an alterna-
tive, the developer should have an engineering
study performed to determine a floodway and
submit that engineering study to DWR for
acceptance "as'a regulatory floodway. Upon
acceptance of their floodway by the Department,
the developer shall then demonstrate that the
project meets the requirements of Section 800.0
for the regulatory floodway. The floodway shall
be defined according to the definition in Section
300.34 of this Ordinance.
b. A development permit shall not be issued unless
the applicant first obtains a permit from DWR
or written documentation that a permit is not
required from DWR.
c. No permit from DWR shall be required if the
Division has delegated permit responsibility
to the Village per 92 I11. Adm. Code, Part 708
for regulatory floodways, per DWR's Statewide
Permit entitled "Construction in Flood Plains
with No Designated Floodways in Northeastern
Illinois ".
d. Dam Safety Permits. Any work involving the
construction, modification or removal of a dam
or an on- stream structure to impound water as
defined in Section 300.9 shall obtain an Illinois
Division of Water Resources Dam Safety permit or
letter indicating a permit is not required prior
to the start of construction of a dam. If the
Village Engineer finds a dam that does not have
a DWR permit, the Village Engineer shall
immediately notify the Dam Safety Section of
the Division of Water Resources. If the Village
Engineer finds a dam which is believed to be in
unsafe condition, the Village Engineer shall
immediately notify the owner of the dam and the
Illinois Emergency Services and Disaster Agency
(ESDA), and the DWR, Dam Safety Section in
Springfield.
e. The following activities may be permitted with-
out a Registered Professional Engineer's review
or calculation of a base flood elevation and
regulatory floodway. Such activities shall
still meet the other requirements of this
Ordinance:
(i) Underground and overhead utilities that:
(a) Do not result in any increase in
existing ground elevations, or
(b) Do not require the placement of above
ground structures in the floodway, or
(c) In the case of underground stream
crossings, the top of the pipe or en-
casement is buried a minimum of 3'
below the existing streambed, and
(d) In the case of overhead utilities, no
supporting towers are placed in the
watercourse and are designed in such
a fashion as not to catch debris.
(ii) Storm and sanitary sewer outfalls that:
(a) Do not extend riverward or lakeward
of the existing adjacent natural
bank slope, and
(b) Do not result in an increase in ground
elevation, and
(c) Are designed so as not to cause stream
bank erosion at the outfall location.
(iii) Construction of shoreline and streambed
protection that:
(a) Does not exceed 1000 feet in length
or 2 cubic yards per lineal foot of
streambed.
(b) Materials are not placed higher than
the existing top of bank.
(c) Materials are placed so as not to
reduce the cross - sectional area of
the stream channel by more than 10%.
(iv) Temporary stream crossings in which:
(a) The approach roads will be 0.5' (1/2
foot) or less above natural grade.
(b) The crossing will allow stream flow
to pass without backing up the water
above the stream bank vegetation line
or above any drainage tile or outfall
invert.
(c) The top of the roadway fill in the
channel will be at least 2' below
the top of the lowest bank.
(d) All disturbed stream banks will be
seeded or otherwise stabilized as
soon as possible upon installation
and again upon removal of construction.
(e) The access road and temporary crossings
will be removed within one (1) year
after authorization.
(v) The construction of light poles, sign posts
and similar structures;
(vi) The construction of sidewalks, driveways,
athletic fields (excluding fences), patios,
and similar surfaces which are built at
grade;
(vii) The construction of properly anchored,
unwalled, open structures such as play -
ground equipment, pavilions, and carports
built at or below existing grade that
would not obstruct the flow of flood
waters;
(viii) The placement of properly anchored build-
ings not exceeding seventy (70) square
feet in size, nor ten (10) feet in any
one dimension (e.g., animal shelters and
tool sheds);
(ix) The construction of additions to existing
buildings which do not increase the first
floor area by more than twenty (20) per-
cent, which are located on the upstream
or downstream side of the existing build-
ing, and which do not extend beyond the
sides of the existing building that are
parallel to the flow of flood waters;
(x) Minor maintenance dredging of a stream
channel where:
(a) The affected length of stream is less
than 1000 feet.
(b) The work is confined to re- establish-
ing flows in natural stream channels, or
(c) The cross - sectional area of the dredged
channel conforms to that of the natural
channel upstream and downstream of the
site.
f. The flood carrying capacity within any altered
or relocated watercourse shall be maintained.
902.2 Compensatory Storage. Whenever any portion of a
flood plain is authorized for use, the volume of
space which will be occupied by the authorized fill
or structure below the base flood or 100 -year fre-
quency flood elevation shall be compensated for and
balanced by a hydraulically equivalent volume of
excavation taken from below the base flood or 100 -
year frequency flood elevation. The excavation
volume shall be at least equal to 1.5 times the
volume of storage lost due to the fill or structure.
In the case of streams or watercourses, such excava-
tion shall be made opposite or adjacent to the areas
so filled or occupied. All flood plain storage lost
below the existing 10 -year flood elevation shall be
replaced below the proposed 10 -year flood elevation.
All flood plain storage lost above the existing
10 -year flood elevation shall be replaced above
the proposed 10 -year flood elevation. All such
excavations shall be constructed to drain freely
and openly to the watercourse.
1000.0 Permitting Requirements Applicable to All Flood
Plain Areas.
In addition to the requirements found in Sections
700.0, 800.0, and 900.0 for development in flood
fringes, regulatory floodways, and SFHA or flood
plains where no floodways have been identified
(Zones A, AO, AH, AE, Al -A30, A99, V0, V1 -30, VE,
V, M, or E), the following requirements shall be
met.
1001.0 Public Health Standards
1001.1 No developments in the SFHA shall include locating
or storing chemicals, explosives, buoyant materials,
animal wastes, fertilizers, flammable liquids,
pollutants, or other hazardous or toxic materials
below the FPE.
1001.2 New and replacement water supply systems, wells,
sanitary sewer lines and on -site waste disposal
systems may be permitted providing all manholes or
other above - ground openings located below the FPE
are watertight.
1002.0
1003.0
Carrying Capacity and Notification. For all projects
involving channel modification, fill, or stream
maintenance (including levees), the flood carrying
capacity of the watercourse shall be maintained. In
addition, the Village shall notify adjacent commu-
nities in writing 30 days prior to the issuance of
a permit for the alteration or relocation of the
watercourse.
Protecting Buildings. All buildings located within
a 100 -year flood plain also known as a SFHA, shall
be protected from flood damage below the flood pro-
tection elevation. However, existing buildings
located within a regulatory floodway shall also meet
the more restrictive Appropriate Use standards in-
cluded in Section 800.0. This building protection
criteria applies to the following situations:
a. Construction or placement of a new building.
b. A structural alteration to an existing building
that either increases the first floor area by
more than 20% or the building's market value by
more than 50 %.
1003.1
c. Installing a manufactured home on a new site
or a new manufactured home on an existing site.
This building protection requirement does not
apply to returning a mobile home to the same
site it lawfully occupied before it was removed
to avoid flood damage; and
d. Installing a travel trailer on a site for more
than 180 days.
This building protection requirement may be met by
one of the following methods.
A residential or non - residential building, when
allowed, may be constructed on permanent land fill
in accordance with the following:
a. The lowest floor, (including basement) shall be at
or above the flood protection elevation.
b. The fill shall be placed in layers no greater
than one (1) foot deep before compaction and
should extend at least ten (10) feet beyond the
foundation of the building before sloping below
the flood protection elevation. The top of the
fill shall be above the flood protection
elevation. However, the ten (10) foot minimum
may be waived if a structural engineer certifies
an alternative method to protect the building
from damage due to hydrostatic pressures. The
fill shall be protected against erosion and
scour. The fill shall not adversely affect the
flow or surface drainage from or onto neighbor-
ing properties.
1003.2 A residential or non - residential building may be
elevated in accordance with the following:
a. The building or improvements shall be elevated
on crawl space, stilts, piles, walls, or other
foundation that is permanently open to flood
waters and not subject to damage by hydrostatic
pressures of the base flood or 100 -year fre-
quency flood. The permanent openings shall
be no more than one foot above grade, and
consists of a minimum of two openings. The
openings must have a total net area of not
less than one square inch for every one square
foot of enclosed area subject to flooding
below the Base Flood Elevation.
b. The foundation and supporting members shall
1003.3
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.
c All areas below the flood protection elevation
shall be constructed of materials resistant to
flood damage. The lowest floor (including base-
ment) and all electrical, heating, ventilating,
plumbing, and air conditioning equipment and
utility meters shall be located at or above the
flood protection elevation. Water and sewer
pipes, electrical and telephone lines, sub-
mersible pumps, and other waterproofed service
facilities may be located below the flood
protection elevation.
d. No area below the flood protection elevation
shall be used for storage of items or materials.
e. Manufactured homes and travel trailers to be
installed on a site for more than 180 days,
shall be elevated to or above the flood pro-
tection elevation; and, shall be anchored to
resist flotation, collapse, or lateral movement
by being tied down in accordance with the Rules
and Regulations for the Illinois Mobile Home
Tie -Down Act issued pursuant to 77 I11. Adm.
Code 870.
Only a non - residential building may be structurally
floodproofed (in lieu of elevation) provided that a
registered professional engineer shall certify that
the building has been structurally dry floodproofed
below the flood protection elevation, the structure
and attendant utility facilities are watertight and
capable of resisting the effects of the base flood
or 100 -year frequency 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. Floodproofing measures shall be operable
without human intervention and without an outside
source of electricity (Levees, berms, floodwalls
and similar works are not considered floodproofing
for the purpose of this subsection).
1003.4 Non - conforming structures located in a regulatory
floodway may remain in use, but may not be enlarged,
replaced or structurally altered. A non - conforming
structure damaged by flood, fire, wind or other
natural or man -made disaster may be restored unless
the damage exceeds fifty (50 %) percent of its
market value before it was damaged, in which case
it shall conform to this Ordinance.
SECTION 1100.0 OTHER DEVELOPMENT REQUIREMENTS
The President and Board of Trustees shall take into account
flood hazards, to the extent that they are known in all official
actions related to land management, use and development.
1100.1
1100.2
New Subdivisions, manufactured home parks, Develop-
ment Plans described in annexation agreements, and
Planned Unit Developments (PUDs) within the SFHA
shall be reviewed to assure that the proposed develop-
ments are consistent with Sections 700, 800, 900
and 1000 of this Ordinance and the need to minimize
flood damage. 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
plans account for changes in the drainage of surface
waters in accordance with the Plat Act (I11. Rev.
Stat., Ch. 109, Sec. 2).
Proposals for new subdivisions, manufactured home
parks, travel trailer parks, planned unit develop-
ments (PUDs) and additions to manufactured home
parks and additions to subdivisions shall include
base flood or 100 -year frequency flood elevation
data and floodway delineations. Where this infor-
mation is not available from an existing study filed
with the Illinois State Water Survey, the applicant's
engineer shall be responsible for calculating the
base flood or 100 -year frequency flood elevation
per Section 604.0 and the floodway delineation per
the definition in Section 300.34 and submitting it
to the State Water Survey and DWR for review and
approval as best available regulatory data.
1100.3 Streets, blocks, lots, parks and other public
grounds shall be located and laid out in such a
manner as to preserve and utilize natural streams
and channels. Wherever possible, the flood plains
shall be included within parks or other public
grounds.
1100.4 The President and Board of Trustees shall only
approve a Planned Unit Development (PUD) or plat
of subdivision located outside the corporate limits
but within the Village jurisdiction if such develop-
ment or plat complies with the provisions of this
Ordinance.
SECTION 1200.0 VARIANCES
No variances shall be granted to any development (300.10)
located in a regulatory floodway. However, when a development
proposal is located outside of a regulatory floodway, and when-
ever the standards of this Ordinance 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 President and Board
of Trustees for acceptance or rejection.
1200.1
No variance shall be granted unless the applicant
demonstrates that:
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, 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 stream beds and banks,
roads, utilities, or other public facilities;
f. The provisions of Sections 702.0 and 902.0 of
this. Ordinance shall still be met;
g. The activity is not in a regulatory floodway;
h. The applicant's circumstances are unique and
do not represent a general problem.
1200.2 The Building and Zoning Administrator shall notify
an applicant in writing that a variance from the
requirements of Section 1000.0 that would lessen the
degree of protection to a building will:
a. Result in increased premium rates for flood
insurance up to amounts as high as $25 for
$100 of insurance coverage;
b. Increase the risks to life and property; and
c. Require that the applicant proceed with knowledge
of these risks and that he will acknowledge in
writing that he assumes the risk and liability.
1200.3 Variances requested in connection with restoration
of a site or building listed on the National Register
of Historical Places or documented as worthy of
preservation by the Illinois Historic Preservation
Agency may be granted using criteria more permissive
than the requirements of Sections 1200.1 and 1200.2.
SECTION 1300.0 DISCLAIMER OF LIABILITY
The degree of flood protection required by this Ordinance
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 man -made or natural causes. This Ordinance
does not imply that development, either inside or outside of
the SFHA, will be free from flooding or damage. This Ordinance
does not create liability on the part of the Village or any
officer or employee thereof for any flood damage that results
from reliance on this Ordinance or any administrative decision
made lawfully thereunder. This Ordinance is based upon
recommendations reflecting DWR minimum requirements and a
general procedure recommended by the Illinois Northeastern
Illinois Planning Commission.
SECTION 1400.0 PENALTY
The Building and Zoning Administrator may determine upon
due investigation that a violation of the minimum standards of
this Ordinance exist and after such owner fails after ten (10)
days notice to correct this property, the Village may make
application to the Circuit Court for an injunction requiring
conformance with this Ordinance or make such other order as
the Court sees necessary to secure compliance with the
Ordinance. Any person who violates this Ordinance shall upon
conviction thereof be fined not less than Twenty -Five ($25.00)
Dollars nor more than Five Hundred ($500.00) Dollars. A
separate offense shall be deemed committed upon each day during
or on which a violation occurs or continues. Failure to comply
with the requirements of a permit or conditions of a variance
resolution shall be deemed to be a violation of this Ordinance.
Nothing herein shall prevent the Village from taking such other
lawful action to prevent or remedy any violations. All costs
connected therewith shall accrue to the person or persons
responsible.
SECTION 1500 ABROGATION AND GREATER RESTRICTIONS
This Ordinance is not intended to repeal, abrogate or
impair any existing easements, covenants, or deed restrictions.
Where this Ordinance and other ordinances, easements, covenants,
or deed restrictions conflict or overlap, whichever imposes the
more stringent restrictions shall prevail. This Ordinance is
intended to repeal the original ordinance which was adopted to meet
the National Flood Insurance Program regulations, but it is not
intended to repeal the resolution which the Village passed in order
to establish initial eligibility for the program. Further, to the
extent not excepted above, this Ordinance repeals any Ordinances
and parts of Ordinances which conflict herewith to the extent a
conflict exists.
SECTION 1600.0 SEPARABILITY
The provisions and sections of this Ordinance shall be deemed
separable and the invalidity of any portion of this Ordinance shall
not affect the validity of the remainder.
SECTION 1700.0 EFFECTIVE DATE
That this Ordinance shall become and be effective immediately
upon its passage, approval and publication in the manner provided
by law. It is ordered that publication of this ordinance be made
by duplicating thereof in pamphlet form, said pamphlets to be
deposited in the Office of the Village Clerk of the Village of
Lemont for general distribution.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF LEMONT, COUNTIES OF COOK, DU PAGE AND WILL, ILLINOIS
on this 26th day of February , 1996.
;a Barbara Buschman
Alice Chin
Keith Latz
Connie Markiewicz
Richard Rimbo
Ralph Schobert
Approved by me this 26t
AYES NAYS PASSED ABSENT
v
%L.(%L! is
RLENE SMOLLEN, Village Clerk
1.110".. February , 1996. AW
CH•" ASNESK
Village President
CHARLENE SMOLLEN, Village Clerk
ORDINANCE NO. 5i=3
AN ORDINANCE REGULATING DEVELOPMENT
IN SPECIAL FLOOD HAZARD AREAS
Be it ordained by the Board of Trustees of the Village of Lemont, Illinois,
as follows:
Sectionl. Purpose. This ordinance is enacted pursuant to the police powers
granted to this Village by Illinois Revised Statutes, Chapter 24, Section 1 -2 -1,
11- 12 -12, 11 -30 -2, 11 -30 -8, and 11 -31 -2 in order to accomplish the following
purposes:
a. to prevent unwise development from increasing flood or drainage hazards
to others;
b. to protect new buildings and major improvements to builders 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 Village by fulfilling the requirements of the National Flood Insurance
Program.
Section 2. Definitions. For the purposes of this ordinance, the following
definitions are adopted:
a. "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.
b. "Base Flood" means: the flood having a one - percent probability of being
equalled 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 Section 5 of this ordinance.
c "SFHA" or "Special Flood Hazard Area" means: those lands within the
jurisdiction of the Village that are subject to inundation by the base
flood. The SFHA's of the Village are generally identified as such on
the Flood Insurance Rate Map of the Village prepared by the Federal Emergency
Management Agency and dated August 4, 1988. The SFHA's of those parts
of unincorporated Cook County and Dupage County that are within the extrater-
ritorial jurisdiction of the Village or that may be annexed into the
Village are generally identified as such on the Flood Insurance Rate
Map prepared for Cook County and Dupage County by the Federal Emergency
Management Agency.
d. "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.
e. "Floodway" means: That portion of the SFHA required to store and convey
the base flood. The floodway for the SFHA's of Tributary A shall be
as delineated on the Flood Insurance Rate Map prepared by the Federal
Emergency Management Agency and dated August 4, 1988. The floodway for
each of the remaining SFHA's of the Village shall be according to the
best data available to the Illinois State Water Survey Floodplain Infor-
mation Repository.
f. "FPE" or "Flood Protection Elevation" means" the elevation of the base
flood plus one foot at any given location in the SFHA.
"Development" means: any man -made change to real estate, including:
1. construction, reconstruction, or placement of a building or any addition
to a building valued at more that $1,000;
g.
2. installing a manufactured home on a site, preparing a site for a
manufactured home or installing a travel trailer on a site for more
that 180 days;
3. installing utilities, construction of roads, or similar projects;
4. construction or erection of levees, walls, fences, bridges or culverts;
5. drilling, mining, 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.
"Development" does not inlclude maintenance or existing buildings and
facilities such as re- roofing; re- surfacing roads; or gardening, plowing,
and similar agricultural practices that do not involve filling, grading,
or construction of levees.
h. "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 manufactured home, or a prefabricated building. The term also
includes recreational vehicles and travel trailers to be installed on
a site for more than 180 days.
Section 3. Office of Building Official. There is hereby created the Office
of Building Official of the Village of Lemont, an administrative office of
the Village. The Office shall be filled by appointment of a person educated,
trained or experienced in construction practices or by contract with another
governmental inspection agency. The appointment or contract shall be made
by the Village President, subject to the approval of the Village Board of
Trustees.
Section 4. Duties of the Building Official. The Building Official shall
be responsible for the general administration and enforcement of this ordinance,
including but not limited to the following duties:
a. Ensure that all development activities within the SFHA's of the juris-
diction of the Village meet the requirements of this ordinance.
b. Provide information and assistance to citizens upon request about permit
procedures and floodplain construction techniques.
c. Ensure that construction authorization has been granted by the Illinois
Department of Transportation, Division of Water Resources for all develop-
ment projects subject to Section 14 of this ordinance, and maintain a
record of such authorization.
d. Maintain a record of the "as built" elevation of the lowest floor (including
basement) of all buildings subject to Section 15 of this ordinance.
e. Maintain a record of the engineer's certificate and the "as built" flood -
proofed elevation of all buildings subject to Section 15.d of this ordinance.
f. Inspect all development projects to ensure they comply with the provisions
of this ordinance.
g. Cooperate with state and federal floodplain management agencies to improve
base flood and floodway data and to improve the administration of this
ordinance. Submit reports as required for the National Flood Insurance
Program.
h. 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 ordinance.
Section 5. Base Flood Elevation. This ordinance's protection standard is
the base flood. The best available base 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 and the Federal Emergency Management
Agency.
a. The base blood elevation for the SFHA's of Tributary A shall be as delineated .
on the 100 year flood profiles in the Flood Insurance Study of the Village
prepared by the Federal Emergency Management Agency and dated August
4, 1988.
b. 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 Village.
c. The base flood elevation for each of the remaining SFHA's delineated
as an unnumbered "A Zone" on the Flood Insurance Rate Map of the Village
shall be according to the best data available to the Illinois 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 & Frequency of Floods in
Illinois published by the U.S. Geological Survey, 1976.
Mobile Home Tie -Down Act issued pursuant to Illinois Revised Statutes,
Chapter 111 1, Sections 4401 -4406.
d. Only a non - residential 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.
Section 16. Other Development Requirements. The Board of Trustees shall
take into account flood hazards, to the extent that they are known, in all
official actions related to land management, use and development.
a. New Subdivision, manufactured home parks, travel trailer parks, annexation
agreements, planned unit development (PUDs) and additions to manufactured
home parks and subdivisions shall meet the requirements of Section 14
and 15 of this ordinance. Plats or plans for new subdivisions, manufactured
home parks, and planned unit development (PUDs) shall inlclude a signed
statement by a Registed Professional Engineer that the plat or plan accounts
for changes in the drainage of surface waters in accordance with the
Plat Act (Illinois Revised Statutes, Chapter 109, Section 2).
b. Proposals for new subdivisions, manufactured home parks, travel trailer
parks, planned unit development (PUDs) and additions to manufactured
home parks and subdivisions shall include base flood elevation data and
floodway delineations. Where this information is not available from
an existing study filed with the Illinois State Water Survey, the applicant
shall be responsible for calculating the base flood elevation and the
floodway delineation and submitting it to the State Water Survey for
review and approval as best available regulatory data.
Section 17. Variances. Whenever the standards of this ordinance 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 Board of Trustees. The Board of Trustees may attach such conditions
to granting of a variance as it deems necessary to further the intent of
this ordinance.
a. 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. installing a travel trailer on a site for more than 180 days.
This building protection requirement may be met by one of the following methods.
The Building Official shall maintain a record of compliance with these building
protection standards as required in Section 4 of this ordinance.
a. A residential or nonresidential building may be constructed on a permanent
land fill in accordance with the following:
1. The fill shall be placed in layers no greater than 1 foot 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 3 horizontal to 1 vertical.
4. The fill shall not adversely affect the flow of surface drainage
from or onto neighboring properties.
b. A 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; and
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 adjacent structures so as to minimize
exposure to known hydrodynamic forces such as currents, 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.
c. Manufactured homes and travel trailers to be installed on a site for
more than 180 days shall be:
1. elevated at or above the FPE in accordance with Section 15.a or b
and
2. anchored to resist flotation, collapse, or lateral movement by being
tied -down in accordance with the Rules and Regulations for the Illinois
e. For inprovements made to an existing building, for installing a manufactured
home on a permanent site, and for any other development project: $50.00.
Section 14. Preventing Increased Damages. 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.
a. Within the floodway identified on the Flood Insurance Rate Map
the following standards shall apply.
1. Except as provided in Section 14.a (2), 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 Section 14.b (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 on the proposed development, when
combined with all other existing and anticipated development,
will not increase the base flood elevation more than 1.0 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 Illinois Department of Transportation,
Division of Water Resources as required in Section 14.b (1);
and
c. for all projects involving channel modifications or fill (including
levees), the Village shall submit sufficient data to the Federal
Emergency Management Agency to revise the regulatory flood data.
b. Within all other riverine SFHA's the following standards shall apply:
1. In addition to the other requirements of this ordinance, 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 Illinois Department of Transportation, Division
of Water Resources, issued pursuant to Illinois Revised Statutes,
Chapter 19, Section 52 et. seq.
2. The following activities may be constructed without the individual
permit required in subsection 14.b (1) in accordance with Statewide
Permits issued by the Illinois Department of Transportation, Division
of Water Resources, 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 ordinance.
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 (ex-
cluding 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 seventy
(70) square feet in size, nor ten (10) feet in any dimension
(e.g. animal shelters and tool sheds); and
f. the construction of additions to existing buildings which do
not increase the first floor area by more than twenty (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 flood water.
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 1.0 foot for the affected hydraulic
reach of the stream and will not increase flood damage or potential
flood damage.
c. Public health standards in all SFHA's.
1. No development in the SFHA shall include locating or storing chemicals,
explosives, bouyant 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 subsection 15.d of this ordinance.
2. New and replacement sanitary sewer lines and on -site waste disposal
systems may be permitted providing all manholes or other above ground
openings located below the FPE are watertight.
Section 15. Protecting Buildings. In addition to the damage prevention
requirements of Section 14, all buildings to be located in the SFHA shall
be protected from flood damage below the FPE. This building protection require-
ment 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 more than 50% of the market value of the building before the damage
occurred;
4. installing a manufactured home on a new site or a new manufactured
home on an existing site. This ordinance does not apply to returning
a manufactured home to the same site it lawfully occupied before
it was removed to avoid flood damage; and
If the examination reveals otherwise, the application shall be rejected and
the Building Official's 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.
Section 9. Development Permit Requirements.
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 (6)
months after issuance shall expire by limitation and a new development
permit shall be secured before work is started.
Section 10. Consent for Inspections. All work for which a permit is required
shall be subject to inspection by the Building Official or duly authorized
representative. It shall be unlawful to refuse to permit the Building Official
or the representative to enter such premises or structure at any reasonable
time to make an inspection. It shall be unlawful tointerfere with or hinder
the Building Official or the representative when in the performance of their
duties.
Section 11. Revocation of a permit. The Building Official may revoke a
permit in case there has been any false statement or misrepresentatmon as
to a material fact in the application or plans on which the permit was based.
The Building Official 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 Building Official shall inform the permittee
in writing of the specific steps the permittee 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.
Section 12. Completion of Work Heretofore Authorized. Nothing in this ordinance
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 this ordinance.
Section 13. Fees. Fees for permits shall be as follows:
a. For a use permit: No Fee.
b. For a development permit for clearing debris, demolishing buildings,
or removing buildings out of the SFHA: No Fee.
c. For construction of a building valued at more that $100,000: $100.00.
d. For construction or reconstruction of a building valued at less than
$100,000 and for any other development project that requires three site
inspections by the Building Official: $75.00.
d. The base flood elevation for the SFHA's of those parts of unincorporated
Cook County and Dupage County that are within the extraterritorial juris-
diction of the Village or that may be annexed into the City shall be
as delineated on the 100 year profiles in the Flood Insurance Study of
Cook county and Dupage County prepared by the Federal Emergency Management
Agency.
Section 6. Development Permit. 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 Official.
The Building Official shall not issue a development permit if the proposed
development does not meet the requirements of this ordinance.
a. 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 of
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 Section 15 of
this ordinance.
b. 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
that the base flood elevation as of the date of the site's first Flood
Insurance Rate Map (FIRM) identification, is not located in the SFHA
and therefore not subject to the requirements of this ordinance. 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 FIRM identification.
c. The Building Official 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 Official shall not issue the
development permit unless all required federal and state permits have
been obtained.
Section 7. Use Permits. It shall be unlawful to use or occupy and buildings
or any development site or any part thereof hereafter construction in the
SFHA without first making application for obtaining a use permit from the
Building Official. Request for a use permit shall be submitted to the Building
Official upon completion of the work authorized in the development permit
issued for the project in question. If, upon final inspection of a building
or development site, the Building Official finds that the work has been performed
in accordance with the approved application and plans of the development
permit, a use permit may be issued. If final inspection reveals otherwise,
a use permit may not be issued until all deficiencies are corrected.
Section 8. Permit Review. The Building Official shall examine each application
for a permit within three. days time after filing. If, after examination,
it appears that the proposed development or use of the site will be in compliance
with this ordinance and such other ordinances and resolutions passed by the
Board of Trustees applicable thereto, the Building Official shall approve
such application and issue the appropriate permit as soon as practicable.
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;
6. the provisions of subsection 6.c. of"this ordinance are met; and
7. the provisions of subsection 14.a. of this ordinance are met.
b. The Building Administrator shall notify an applicant in writing that
a variance from the requirements of Section 15 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; and
3. require that the applicant proceed with knowledge of these risks
and that the applicant acknowledge in writing the assumption of the
risk and liability.
c. Variances to the building protection requirements of Section 15 of this
ordinance requested in connection with the reconstruction, repair or
alteration of a site or building included on the National Register of
Historic Places or the Illinois Register of Historic Places may be granted
using criteria more permissive than the requirements of subsection 17.a.1 -5.
Section 18. Disclaimer of Liability. The degree of flood protection required
by this ordinance 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 man -made
or natural causes. This ordinance does not imply that development either
inside or outside of the SFHA will be free from flooding or damage. This
ordinance does not create liability on the part of the Village or any officer
or employee thereof for any flood damage that results from reliance on this
ordinance or any administrative decision made lawfully thereunder.
Section 19. Penalty. 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 ordinance.
Upon due investigation the Village Attorney may determine that a violation
of the minimum standards of this ordinance exist. The Village Attorney shall
notify the owner in writing of such violation.
a. If such owner fails after ten days notice to correct the violation:
1. The Village may make application to the circuit court for an injunction
requiring conformance with this ordinance or make such other order
as the court deems necessary to secure compliance with the ordinance.
2. Any person who violates this ordinance shall upon conviction thereof
be fined not less than twenty -five dollars ($25.00) nor more than
two•hundred dollars ($200.00).
3. A separate offense shall be deemed committed upon each day during
or on which a violation occurs or continues.
f
b. The Village Attorney 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.
Section 20. Abrogation and Greater Restrictions. This ordinance repeals
and replaces other ordinances adopted by the Board of Trustees to fulfill
the requirements of the National Flood Insurance Program including: Ordinance
#524. However, this ordinance does not repeal the original resolution or
ordinance adopted to achieve eligibility in the Program. Nor does this ordinance
repeal, abrogate, or impair any existing easements, covenants, or deed restric-
tions. Where this ordinance and other ordinance easements, covenants or
deed restrictions conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
Section 21. Separability. The provisions and sections of this ordinance
shall be deemed separable and the invalidity of any portion of this ordinance
shall not affect the validity of the remainder.
Section 22. Effective Date. This ordinance shall be in full force and effect
from and after its passage and approval and publication, as required by law.
PASSED AND APPROVED BY THE BOARD 0 RUSTEES OF THE VILLAGE OF LEMONT,
ILLINOIS, this // day of , 1988.
APPROVED BY ME this // day of
Attest:
988.
. NELSON, VILLAGE PRESID T
arlene M. Smollen, Clerk
Mayor
Richard A. Kwasneski
Village Clerk
Charlene M. Smollen
Administrator
Steven A. Jones
LEMONT
Village of Faith
418 Main Street • Lemont, IL 60439-3788
(708) 257 -1550
Fax (708) 257 -1598
MEMORANDUM
TO: Mayor & Village Board
FROM: Steve Jones, Village AdministratorCiTh
SUBJECT: Floodplain Ordinance
DATE: February 13, 1996
Trustees
Barbara Buschman
Alice Chin
Keith Latz
Connie Markiewicz
Rick Rimbo
Ralph Schobert
As part of the Village's membership in the National Flood Insurance Program (NFIP) we
are required to adopt a model floodplain ordinance which is prepared and administered by
regulatory agencies at the federal (FEMA) and state (IDOT) levels. The NFIP only issues
flood insurance within communities which have adopted floodplain ordinances. Thus, we
must implement a floodplain ordinance to allow continuation of flood plain insurance
policies within the community.
All changes suggested by IDOT have been included in this version and the ordinance is
ready for adoption at the next Village Board meeting.