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Flood Plain code in effect when the Rex Vault Addition was Built
City Of Newton Flood Plain Code
CHAPTER 15
FLOOD PLAIN CODE
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15-1-1 PURPOSE. This Code is enacted pursuant to the police powers granted
to this City by the Illinois Compiled Statutes, Chapter 65, Sections
5/1-2-1,5/11-12-12,5/11-
30-2, 5/11-30-8, and 5/11-31-2) in order to accomplish the following purposes:
(A) To prevent unwise developments from increasing flood or drainage
hazards to others;
(B) To protect new buildings and major improvements to buildings from
flood damage;
(C) To promote and protect health, safety and general welfare of the citizens
from the hazards of flooding;
(D) To lessen the burden on the taxpayer for flood control, repairs to 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 blight areas;
(F) To make federally subsidized flood insurance available; and
(G) To recognize the environmental sensitivity of floodplains and to
encourage their protection from inappropriate growth and development.
15-1-2 DEFINITIONS. For the purposes of this Code, the following
definitions are adopted:
ADMINISTRATOR: The Mayor or some person appointed by him to execute this Code.
BASE FLOOD: The flood having a one percent (1%) probability of being equaled or
exceeded in any given year. The base flood is also known as the 100-year flood. The
base
flood elevation at any location is as defined in Section 15-1-3 of this Code.
BASE FLOOD ELEVATION (BFE): The elevation in relation to mean sea level of the
crest
of the base flood.
BUILDING: A structure that is principally above ground and is enclosed by walls and a
roof
including manufactured homes and prefabricated buildings. The term also includes
recreational vehicles and travel trailers to be installed on a site for more than one
hundred
eighty (180) days.
[NOTE: The NFIP requires that references be made to "manufactured homes"
rather than "mobile homes" .]
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Flood Plain Code 15-1-2
DEVELOPMENT: Any man-made change to real estate including:
(A) Construction, reconstruction, or placement of a building, or any addition
to a building, exceeding seventy (70) square feet in floor area;
(B) Substantial improvement of an existing building;
(C) Installation of a manufactured home on a site, preparing a site for a
manufactured home, or installing a travel trailer on a site for more than one hundred
eighty
(180) days;
(D) Installation of utilities, construction of roads, bridges, culverts or similar
projects;
(E) Construction or erection of levees, dams, walls, or fences;
(F) Drilling, mining, filling, dredging, grading, excavating, paving, or
other alterations of the ground surface;
(G) Storage of materials including the placement of gas and liquid storage
tanks; and
(H) Channel modifications or any other activity that might change the
direction, height, or velocity of flood or surface waters.
"Development" does not include maintenance of existing buildings and facilities;
resurfacing roads; or gardening, plowing, and similar practices that do not involve filling,
grading, or construction of levees.
FEMA: Federal Emergency Management Agency.
[NOTE: FEMA regulations can be found at 44 CFR 59-79 effective October 1,
1986 (revised 10/01/90).]
FLOOD: A general and temporary condition of partial or complete inundation of normally
dry land areas from the overflow, the unusual and rapid accumulation, or the runoff of
surface
waters from any source.
FLOOD FRINGE: That portion of the floodplain outside of the regulatory floodway.
FLOOD INSURANCE RATE MAP: A map prepared by the Federal Emergency
Management
Agency that depicts the floodplain or special flood hazard area (SFHA) within a
community.
FLOODPLAIN AND SPECIAL FLOOD HAZARD AREA (SFHA): They are synonymous.
Those lands within the jurisdiction of the City that are subject to inundation by the base
flood.
The floodplains of the City are generally identified as such on the Flood Insurance Rate
Map
of the City prepared by the Federal Emergency Management Agency and dated
September
24, 1984. The floodplains of those parts of unincorporated Jasper County that are within
the
extraterritorial jurisdiction of the City or that may be annexed into the City are generally
identified as such on the Flood Insurance Rate Map prepared for Jasper County by the
Federal Emergency Management Agency and dated July 27, 1979.
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Flood Plain Code 15-1-2
FLOODPROOFING: Any combination of structural or non structural additions, changes,
or
adjustments to structures which reduce or eliminate flood damage to real estate,
property and
their contents.
FLOODPROOFING CERTIFICATE: A form published by the Federal Emergency
Management Agency that is used to certify that a building has been designed and
constructed
to be structurally dry floodproofed to the flood protection elevation.
FLOOD PROTECTION ELEVATION OR FPE: The elevation of the base flood plus one
(1)
foot of freeboard at any given location in the floodplain.
[ED. NOTE: NFIP Regulations require protection to or above the base flood
elevation. One (1) foot of freeboard is recommended by IDOT/DWR. A municipality
may use higher freeboard requirements if it desires.]
FLOODWAY: That portion of the floodplain required to store and convey the base flood.
The floodway for each of the floodplains of the City shall be according to the best data
available from Federal, State, or other sources.
IDOT/DWR: Illinois Department of Transportation/Division of Water Resources.
MANUFACTURED HOME: A structure transportable in one (1) or more sections, that is
built on a permanent chassis and is designed to be used with or without a permanent
foundation when connected to required utilities.
NFIP: National Flood Insurance Program.
SFHA: See definition of floodplain.
SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction, or improvement of a
structure, the cost of which equals or exceeds fifty percent (50%) of the market value of
the
structure either, (a) before the improvement or repair is started, or (b) if the structure
has
been damaged, and is being restored, before the damage occurred.
SUBSTANTIAL IMPROVEMENT: is considered to occur when the first alteration of any
wall, ceiling, floor, or other structural part of the building commences, whether or not that
alteration 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
or
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 the Illinois Register of Historic Places.
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Flood Plain Code 15-1-3
15-1-3 BASE FLOOD ELEVATION. This Code's protection standard is the
base flood. The best available base flood elevation data are listed below. Whenever a
party
disagrees with the best available data, the party may fmance the detailed engineering
study needed to replace the existing data with better data and submit it to the Federal
Emergency Management Agency for approval.
[See: NFIP Requirement: 44 CFR 60.3(b).]
(A) The base flood elevation for each of the floodplains delineated as an "A
Zone" on the Flood Insurance Rate Map of the City shall be according to the best data
available from Federal, State or other sources. Should no other data exist, an
engineering
study must be financed to determine base flood elevations.
(B) The base flood elevation for the floodplains of those parts of
unincorporated Jasper County that are within the extraterritorial jurisdiction of the City, or
that may be annexed into the City, shall be as delineated on the loo-year flood profiles
of the
Flood Insurance Study of Jasper County prepared by the Federal Emergency
Management
Agency.
15-1-4 DUTIES OF THE BUILDING OFFICIAL. The Administrator shall
be responsible for the general administration of this Code and ensure that all
development
activities within the floodplains under the jurisdiction of the City meet the requirements of
this
Code. Specifically, the Administrator shall:
(A) Process development permits in accordance with Section 15-1-5;
(B) Ensure that all development in a floodway (or a floodplain with no
delineated floodway) meets the damage prevention requirements of Section 15-1-6.
(C) Ensure that the building protection requirements for all buildings subject
to Section 15-1-7 are met and maintain a record of the "as-built" elevation of the lowest
floor
(including basement) or floodproof certificate;
[See: NFIP Requirements: 44 CFR 60.3(b)(5)(iii) and 59.22(a)(9)(iii).]
(D) Assure that all subdivisions and annexations meet the requirements of
Section 15-1-8;
(E) If a variance is requested, ensure that the requirements of Section 15-1-9
are met and maintain documentation of any variances granted;
(F) Inspect all development projects and take any and all actions outlined in
Section 15-1-11 as necessary to ensure compliance with this Code;
(G) Assure that applicants are aware of and obtain any and all other required
local, state and federal permits;
(H) Provide information and assistance to citizens upon request about permit
procedures and floodplain construction techniques;
(I) Cooperate with State and Federal floodplain management agencies to
coordinate base flood data and to improve the administration of this Code; and
(1) Maintain for public inspection base flood data, floodplain maps, copies
of state and federal permits, and documentation of compliance for development activities
subject to this Code.
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Flood Plain Code 15-1-5
15-1-5 DEVELOPMENT PERMIT. No person, firm, corporation, or
governmental body, not exempted by state law, shall commence any development in the
floodplain without first obtaining a development permit from the City. The Administrator
shall not issue a development permit if the proposed development does not meet the
requirements of this Code.
(A) Application Documents. The application for development permit shall
be accompanied by:
(1) drawings of the site, drawn to scale showing property line
dimensions;
(2) existing grade elevations and all changes in grade resulting from
excavation or filling;
(3) the location and dimensions of all buildings and additions to
buildings, and
(4) the elevation of the lowest floor (including basements) of all
proposed buildings subject to the requirements of Section 15-1-
7 of this Code.
(B) Elevation Comparisons. Upon receipt of an application for
development permit, the Administrator shall compare the elevation of the site to the
base flood
elevation. Any development located on land that can be shown by survey data to have
been
higher than the base flood elevation as of the date of the site's first Flood Insurance
Rate Map
identification is not in the floodplain and therefore not subject to the requirements of this
Code.
The 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.
[ED. NOTE: Although survey data may show the development site to be entirely
above the base flood elevation, a Letter of Map Amendment (LOMA) will still be
required to remove the site from the mapped floodplain for insurance requirements.]
15-1-6 PREVENTING INCREASED FLOOD HEIGHTS AND
RESULTING DAMAGES. Within the City's floodplains, the following standards shall
apply:
[NFIP Requirements: 44 CFR 60.3(a)(4)(1), 60.3(c)(10), and 60.3(d)(3).]
(A) Except as provided in Section 15-1-6(B), no development shall be
allowed which, acting in combination with existing and anticipated development, will
cause
any increase in flood heights or velocities or threat to public health and safety. The
following
specific development activiiies shall be considered as meeting this requirement:
(1) Barge fleeting facilities meeting the conditions of
IDOT/DWR Statewide Permit No.3;
(2) Aerial utility crossings meeting the conditions of IDOT/DWR
Statewide Permit No., 4;
(3) Minor boat docks meeting the conditions of IDOT/DWR
Statewide Permit No.5;
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(4) Minor, non-obstructive activItIes meeting the conditions of
IDOT/DWR Statewide Permit No.6;
(5) Outfall structures and drainage ditch outlets meeting the
conditions of IDOT/DWR Statewide Permit No.7;
(6) Underground pipeline and utility crossings meeting the conditions
of IDOT/DWR Statewide Permit No.8;
(7) Bank stabilization projects meeting the conditions of !DOT/DWR
Statewide Permit No.9;
(8) Accessory structures and additions to existing residential
buildings meeting the conditions of IDOT/DWR Statewide
Permit No. 10;
(9) Minor maintenance dredging activities meeting the conditions of
IDOT/DWR Statewide Permit No. 11; and
(10) Any development determined by IDOT/DWR to be located
entirely in a flood fringe area.
(B) Other development activities not listed in (A) may be permitted only if:
(1) A permit has been issued for the work by IDOT/DWR (or
written documentation is provided that an IDOT/DWR permit is
not required); and
(2) Sufficient data has been provided to FEMA when necessary
to approve a revision of the regulatory map and base
flood elevation.
(See 615 ILCS Sec. 5/5 through 29A)
15-1-7 PROTECTING BUILDINGS.
(A) Requirements. It addition to the damage prevention requirements of
Section 15-1-6, all buildings to be located in the floodplain shall be protected from flood
damage below the flood protection elevation. This building protection requirement
applies to
the following situations:
(1)
(2)
(3)
(4)
(5)
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Construction or placement of a new building valued at more than
One Thousand Dollars ($1,000.00);
Substantial improvements made to an existing building;
Structural alterations made to an existing building that increase
the floor area by more than twenty percent (20%);
Installing a manufactured home on a new site or a new
manufactured home on an existing site (the building protection
requirements do not apply to returning a manufactured home to
the same site it lawfully occupied before it was removed to avoid
flood damage); and
Installing a travel trailer on a site for more than one hundred
eighty (180) days.
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Flood Plain Code 15-1-7
(B) Alternative Methods. Residential or non-residential buildings can meet
the building protection requirements by one of the following methods:
[See NFIP Requirements: 44 CFR 60.3(c)(2).]
(1) The building 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 before compaction and should extend at least ten (10)
feet beyond the foundation before sloping below the flood
protection elevation;
(c) The fill shall be protected against erosion and scour
during flooding by vegetative cover, rip rap , or
other structural measure;
(d) The fill shall be composed of rock or soil and not
incorporated debris or refuse materials; and
(e) The fill shall not adversely affect the flow of surface
drainage from or onto neighboring properties; or
(2) The building may be elevated in accordance with the following:
[See: NFIP Requirements: 44 CFR 6O.3(a)(3) and
60.3(c)(5).]
(a) The building or improvements shall be elevated on stilts,
piles, walls, or other foundation that is permanently open
to flood waters;
(b) The lowest floor and all electrical, heating, ventilating,
plumbing, and air conditioning equipment and
utility meters shall be located at or above the flood
protection elevation;
(c) If walls are used, all fully enclosed areas below the base
flood elevation shall address hydrostatic pressures by
having a minimum of two (2) permanent openings no
more than one (1) foot above grade and providing a
total net area of not less than one (1) square inch for
everyone (1) square foot of enclosed area subject to
flooding below the base flood elevation;
(d) the foundation and supporting members shall be anchored
and aligned in relation to flood flows and adjoining
structures so as to minimize exposure to hydrodynamic
forces such as current, waves, ice and floating debris;
(e) all structural components below the flood protection
elevation shall be constructed of materials resistant to
flood damage;
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(f) water and sewer pipes, electrical and telephone lines,
submersible pumps, and other service facilities may be
located below the flood protection elevation provided they
are waterproofed; and
(g) no area below the flood protection elevation shall be used
for storage of items or materials.
(C) Manufactured homes and travel trailers to be installed on site for more
than one hundred eighty (180) days shall be:
(1) elevated to or above the flood protection elevation; and
(2) 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 IL
Adm. Code 870.
(D) Non-Residential buildings may be structurally floodproofed (in lieu
of elevation) provided a registered professional engineer certifies that:
(1) below the flood protection elevation, the structure and attendant
utility facilities are watertight and capable of resisting the effects
of the base flood;
(2) the building design accounts for flood velocities, duration, rate of
rise, hydrostatic and hydrodynamic forces, the effects of
buoyancy, and impact from debris and ice; and
(3) floodproofing measures will 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.
[See NFIP Requirements: 44 CFR 60.3(c)(4).]
15-1-8 SUBDIVISION AND OTHER DEVELOPMENT REQUIREMENTS.
The City Council shall take into account flood hazards, to the extent that they are
known, in
all official actions related to land management use and development.
(A) Data Required. New subdivisions, manufactured home parks,
annexation agreements, planned unit developments, and additions to manufactured
home parks
and subdivisions shall meet the damage prevention and building protection standards of
Sections 15-1-6 and 15-1-7 of this Code. Any proposal for such development shall
include the
following data:
(1) The base flood elevation and the boundary of the floodplain
(where the base flood elevation is not available from an existing
study, the applicant shall be responsible for calculating the base
flood elevation);
(2) The boundary of the floodway when available; and
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A signed statement by a Registered Professional Engineer that the
proposed plat or plan accounts for changes in the drainage of
surface waters in accordance with the Plat Act (See 765 Dlinois
Compiled Statutes, Sec. 205/2).
(B) Health Standards. Public health standards must be met for all
floodplain development. In addition to the requirements of Sections 15-1-6 and 15-1-7,
the
following standards apply:
(1)
(3)
No development in the floodplain shall include locating or storing
chemicals, explosives, buoyant materials, flammable liquids,
pollutants, or other hazardous or toxic materials below the flood
protection elevation unless such materials are stored in a storage
tank or floodproofed building constructed according to the
requirements of Section 15-1-7 of this Code.
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 flood protection
elevation are watertight.
(C) All other activities defined as development shall be designed so as not to
alter flood flows or increase potential flood damages.
[ED. NOTE: This section sets minimum subdivision design review and recording
standards when subdivisions are located within a floodplain. It also provides guidance
for other activities dermed as "development" which may occur in a floodplain. NFIP
Requirement: 44 CFR 60.2(c)
NFIP Requirement: 44 CFR 60.3(b)(3) only applies to subdivisions greater than
five (5) acres or fifty (50) lots.
All new plats recorded must show the location of any floodplains and must be
signed, sealed, and certified by an Illinois Registered Land Surveyor as per the
requirements of Public Act 85-267.]
(2)
15-1-9 VARIANCES. Whenever the standards of this Code place undue
hardship on a specific developmept proposal, the applicant may apply to the Appeals
Board for
a variance. The Appeals Board shall review the applicant's request for a variance and
shall
submit its recommendation to the City Council. The City Council may attach such
conditions
to granting of a variance as it deems necessary to further the intent of this Code.
(A) Requirements for Variance. No variance shall be granted unless the
applicant demonstrates that:
( 1)
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(2)
The development activity cannot be located outside the
floodplain;
An exceptional hardship would result if the variance were not
granted;
The relief requested is the minimum necessary;
There will be no additional threat to public health or safety, or
creation of a nuisance;
(3)
(4)
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Flood Plain Code 15-1-9
(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 applicant's circumstances are unique and do not establish a
pattern inconsistent with the intent of the NFIP; and
(7) All other required local, state and federal permits have
been obtained.
[65 ILCS Sec. 5/11-13-4 and 5/11-13-5 establishes specific
municipal zoning variance criteria.]
(B) Notification of Applicant. The Administrator shall notify an applicant
in writing that a variance from the requirements of the building protection standards of
Section
15-1-7 would lessen the degree of protection to a building will:
(1) Result in increased premium rates for flood insurance
up to Twenty-Five Dollars ($25.00) for One Hundred Dollars
($100.00) 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.
[NOTE: The Standard Flood Insurance Policy permits an
insurance adjustor to not pay for damage that was caused by
something the owner did which increased the hazard to the
property. Section 1316 of the National Flood Insurance Act
authorizes local officials to request denial of flood insurance
for buildings in violation of local floodplain codes.]
( C) Variances to the building protection requirements of Section 15-1-7 of
this Code requested in connection with the reconstruction, repair or alteration of a site or
building included on the National Register of Historic Places or the Illinois Register of
Historic Places may be granted using criteria more permissive than the requirements of
Section 15-1-19 (A)(1-5).
[NOTE: Communities in the NFIP are required to maintain a record of all
variance actions, including justification for their issuance, and report them to FEMA.
FEMA may review variances and suspend a community from the NFIP if the review
"indicates a pattern inconsistent with the objectives of sound floodplain management..."]
15-1-10 DISCLAIMER OF LIABILITY. The degree of protection required by
this Code 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 Code
does not
imply that development either inside or outside of the floodplain will be free from flooding
or
damage. This Code does not create liability on the part of the City or any officer or
employee
thereof for any flood damage that results from reliance on this Code or any
administrative
decision made lawfully thereunder.
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Flood Plain Code 15-1-11
15-1-11 PENALTY. Failure to obtain a permit for development in the
floodplain or failure to comply with the conditions of a permit or a variance. shall be
deemed
to be a violation of this Code. Upon due investigation, the Administrator may determine
that
a violation of the minimum standards of this Code exist. The Administrator shall notify the
owner in writing of such violation.
(A) If such owner fails, after ten (10) days' notice, to correct the violation:
(1) The City may make application to the Circuit Court for an
injunction requiring conformance with this Code or make
such other order as the court deems necessary to secure
compliance with this Code.
(2) Any person who violates this Code shall, upon conviction
thereof, be fined not less than Seventy-Five Dollars ($75.00) nor
more than Seven Hundred Fifty Dollars ($750.00).
(3) A separate offense shall be deemed committed upon each day
during or on which a violation occurs or continues.
(B) The City 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.
(C) Nothing herein shall prevent the City from taking such other lawful
action to prevent or remedy any violations. All costs connected therewith shall accrue to
the
person or persons responsible.
15-1-12 ABROGATION AND GREATER RESTRICTIONS. This Code
repeals and replaces other ordinances adopted by the City Council to fulfill the
requirements of
the National Flood Insurance Program including: However, this Code
does not repeal the original ordinance adopted to achieve eligibility in the Program. Nor
does
this Code repeal, abrogate, or impair any existing easements, covenants or deed
restrictions.
Where this Code and other ordinance easements, covenants or deed restrictions
conflict or
overlap, whichever imposes the more stringent restrictions shall prevail. [See: NFIP
Requirement: 44 CFR 60.2(B).]
(See 65 ILCS 5/1-2-1; 5/11-12-12; 5/11-30-2; 5/11-30-8 and 5/11-31-2)
385
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PAGE
City Of Newton Flood Plain Code
CHAPTER 15
FLOOD PLAIN CODE
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15-1-1 PURPOSE. This Code is enacted pursuant to the police powers granted
to this City by the Illinois Compiled Statutes, Chapter 65, Sections
5/1-2-1,5/11-12-12,5/11-
30-2, 5/11-30-8, and 5/11-31-2) in order to accomplish the following purposes:
(A) To prevent unwise developments from increasing flood or drainage
hazards to others;
(B) To protect new buildings and major improvements to buildings from
flood damage;
(C) To promote and protect health, safety and general welfare of the citizens
from the hazards of flooding;
(D) To lessen the burden on the taxpayer for flood control, repairs to 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 blight areas;
(F) To make federally subsidized flood insurance available; and
(G) To recognize the environmental sensitivity of floodplains and to
encourage their protection from inappropriate growth and development.
15-1-2 DEFINITIONS. For the purposes of this Code, the following
definitions are adopted:
ADMINISTRATOR: The Mayor or some person appointed by him to execute this Code.
BASE FLOOD: The flood having a one percent (1%) probability of being equaled or
exceeded in any given year. The base flood is also known as the 100-year flood. The
base
flood elevation at any location is as defined in Section 15-1-3 of this Code.
BASE FLOOD ELEVATION (BFE): The elevation in relation to mean sea level of the
crest
of the base flood.
BUILDING: A structure that is principally above ground and is enclosed by walls and a
roof
including manufactured homes and prefabricated buildings. The term also includes
recreational vehicles and travel trailers to be installed on a site for more than one
hundred
eighty (180) days.
[NOTE: The NFIP requires that references be made to "manufactured homes"
rather than "mobile homes" .]
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DEVELOPMENT: Any man-made change to real estate including:
(A) Construction, reconstruction, or placement of a building, or any addition
to a building, exceeding seventy (70) square feet in floor area;
(B) Substantial improvement of an existing building;
(C) Installation of a manufactured home on a site, preparing a site for a
manufactured home, or installing a travel trailer on a site for more than one hundred
eighty
(180) days;
(D) Installation of utilities, construction of roads, bridges, culverts or similar
projects;
(E) Construction or erection of levees, dams, walls, or fences;
(F) Drilling, mining, filling, dredging, grading, excavating, paving, or
other alterations of the ground surface;
(G) Storage of materials including the placement of gas and liquid storage
tanks; and
(H) Channel modifications or any other activity that might change the
direction, height, or velocity of flood or surface waters.
"Development" does not include maintenance of existing buildings and facilities;
resurfacing roads; or gardening, plowing, and similar practices that do not involve filling,
grading, or construction of levees.
FEMA: Federal Emergency Management Agency.
[NOTE: FEMA regulations can be found at 44 CFR 59-79 effective October 1,
1986 (revised 10/01/90).]
FLOOD: A general and temporary condition of partial or complete inundation of normally
dry land areas from the overflow, the unusual and rapid accumulation, or the runoff of
surface
waters from any source.
FLOOD FRINGE: That portion of the floodplain outside of the regulatory floodway.
FLOOD INSURANCE RATE MAP: A map prepared by the Federal Emergency
Management
Agency that depicts the floodplain or special flood hazard area (SFHA) within a
community.
FLOODPLAIN AND SPECIAL FLOOD HAZARD AREA (SFHA): They are synonymous.
Those lands within the jurisdiction of the City that are subject to inundation by the base
flood.
The floodplains of the City are generally identified as such on the Flood Insurance Rate
Map
of the City prepared by the Federal Emergency Management Agency and dated
September
24, 1984. The floodplains of those parts of unincorporated Jasper County that are within
the
extraterritorial jurisdiction of the City or that may be annexed into the City are generally
identified as such on the Flood Insurance Rate Map prepared for Jasper County by the
Federal Emergency Management Agency and dated July 27, 1979.
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FLOODPROOFING: Any combination of structural or non structural additions, changes,
or
adjustments to structures which reduce or eliminate flood damage to real estate,
property and
their contents.
FLOODPROOFING CERTIFICATE: A form published by the Federal Emergency
Management Agency that is used to certify that a building has been designed and
constructed
to be structurally dry floodproofed to the flood protection elevation.
FLOOD PROTECTION ELEVATION OR FPE: The elevation of the base flood plus one
(1)
foot of freeboard at any given location in the floodplain.
[ED. NOTE: NFIP Regulations require protection to or above the base flood
elevation. One (1) foot of freeboard is recommended by IDOT/DWR. A municipality
may use higher freeboard requirements if it desires.]
FLOODWAY: That portion of the floodplain required to store and convey the base flood.
The floodway for each of the floodplains of the City shall be according to the best data
available from Federal, State, or other sources.
IDOT/DWR: Illinois Department of Transportation/Division of Water Resources.
MANUFACTURED HOME: A structure transportable in one (1) or more sections, that is
built on a permanent chassis and is designed to be used with or without a permanent
foundation when connected to required utilities.
NFIP: National Flood Insurance Program.
SFHA: See definition of floodplain.
SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction, or improvement of a
structure, the cost of which equals or exceeds fifty percent (50%) of the market value of
the
structure either, (a) before the improvement or repair is started, or (b) if the structure
has
been damaged, and is being restored, before the damage occurred.
SUBSTANTIAL IMPROVEMENT: is considered to occur when the first alteration of any
wall, ceiling, floor, or other structural part of the building commences, whether or not that
alteration 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
or
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 the Illinois Register of Historic Places.
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15-1-3 BASE FLOOD ELEVATION. This Code's protection standard is the
base flood. The best available base flood elevation data are listed below. Whenever a
party
disagrees with the best available data, the party may fmance the detailed engineering
study needed to replace the existing data with better data and submit it to the Federal
Emergency Management Agency for approval.
[See: NFIP Requirement: 44 CFR 60.3(b).]
(A) The base flood elevation for each of the floodplains delineated as an "A
Zone" on the Flood Insurance Rate Map of the City shall be according to the best data
available from Federal, State or other sources. Should no other data exist, an
engineering
study must be financed to determine base flood elevations.
(B) The base flood elevation for the floodplains of those parts of
unincorporated Jasper County that are within the extraterritorial jurisdiction of the City, or
that may be annexed into the City, shall be as delineated on the loo-year flood profiles
of the
Flood Insurance Study of Jasper County prepared by the Federal Emergency
Management
Agency.
15-1-4 DUTIES OF THE BUILDING OFFICIAL. The Administrator shall
be responsible for the general administration of this Code and ensure that all
development
activities within the floodplains under the jurisdiction of the City meet the requirements of
this
Code. Specifically, the Administrator shall:
(A) Process development permits in accordance with Section 15-1-5;
(B) Ensure that all development in a floodway (or a floodplain with no
delineated floodway) meets the damage prevention requirements of Section 15-1-6.
(C) Ensure that the building protection requirements for all buildings subject
to Section 15-1-7 are met and maintain a record of the "as-built" elevation of the lowest
floor
(including basement) or floodproof certificate;
[See: NFIP Requirements: 44 CFR 60.3(b)(5)(iii) and 59.22(a)(9)(iii).]
(D) Assure that all subdivisions and annexations meet the requirements of
Section 15-1-8;
(E) If a variance is requested, ensure that the requirements of Section 15-1-9
are met and maintain documentation of any variances granted;
(F) Inspect all development projects and take any and all actions outlined in
Section 15-1-11 as necessary to ensure compliance with this Code;
(G) Assure that applicants are aware of and obtain any and all other required
local, state and federal permits;
(H) Provide information and assistance to citizens upon request about permit
procedures and floodplain construction techniques;
(I) Cooperate with State and Federal floodplain management agencies to
coordinate base flood data and to improve the administration of this Code; and
(1) Maintain for public inspection base flood data, floodplain maps, copies
of state and federal permits, and documentation of compliance for development activities
subject to this Code.
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15-1-5 DEVELOPMENT PERMIT. No person, firm, corporation, or
governmental body, not exempted by state law, shall commence any development in the
floodplain without first obtaining a development permit from the City. The Administrator
shall not issue a development permit if the proposed development does not meet the
requirements of this Code.
(A) Application Documents. The application for development permit shall
be accompanied by:
(1) drawings of the site, drawn to scale showing property line
dimensions;
(2) existing grade elevations and all changes in grade resulting from
excavation or filling;
(3) the location and dimensions of all buildings and additions to
buildings, and
(4) the elevation of the lowest floor (including basements) of all
proposed buildings subject to the requirements of Section 15-1-
7 of this Code.
(B) Elevation Comparisons. Upon receipt of an application for
development permit, the Administrator shall compare the elevation of the site to the
base flood
elevation. Any development located on land that can be shown by survey data to have
been
higher than the base flood elevation as of the date of the site's first Flood Insurance
Rate Map
identification is not in the floodplain and therefore not subject to the requirements of this
Code.
The 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.
[ED. NOTE: Although survey data may show the development site to be entirely
above the base flood elevation, a Letter of Map Amendment (LOMA) will still be
required to remove the site from the mapped floodplain for insurance requirements.]
15-1-6 PREVENTING INCREASED FLOOD HEIGHTS AND
RESULTING DAMAGES. Within the City's floodplains, the following standards shall
apply:
[NFIP Requirements: 44 CFR 60.3(a)(4)(1), 60.3(c)(10), and 60.3(d)(3).]
(A) Except as provided in Section 15-1-6(B), no development shall be
allowed which, acting in combination with existing and anticipated development, will
cause
any increase in flood heights or velocities or threat to public health and safety. The
following
specific development activiiies shall be considered as meeting this requirement:
(1) Barge fleeting facilities meeting the conditions of
IDOT/DWR Statewide Permit No.3;
(2) Aerial utility crossings meeting the conditions of IDOT/DWR
Statewide Permit No., 4;
(3) Minor boat docks meeting the conditions of IDOT/DWR
Statewide Permit No.5;
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(4) Minor, non-obstructive activItIes meeting the conditions of
IDOT/DWR Statewide Permit No.6;
(5) Outfall structures and drainage ditch outlets meeting the
conditions of IDOT/DWR Statewide Permit No.7;
(6) Underground pipeline and utility crossings meeting the conditions
of IDOT/DWR Statewide Permit No.8;
(7) Bank stabilization projects meeting the conditions of !DOT/DWR
Statewide Permit No.9;
(8) Accessory structures and additions to existing residential
buildings meeting the conditions of IDOT/DWR Statewide
Permit No. 10;
(9) Minor maintenance dredging activities meeting the conditions of
IDOT/DWR Statewide Permit No. 11; and
(10) Any development determined by IDOT/DWR to be located
entirely in a flood fringe area.
(B) Other development activities not listed in (A) may be permitted only if:
(1) A permit has been issued for the work by IDOT/DWR (or
written documentation is provided that an IDOT/DWR permit is
not required); and
(2) Sufficient data has been provided to FEMA when necessary
to approve a revision of the regulatory map and base
flood elevation.
(See 615 ILCS Sec. 5/5 through 29A)
15-1-7 PROTECTING BUILDINGS.
(A) Requirements. It addition to the damage prevention requirements of
Section 15-1-6, all buildings to be located in the floodplain shall be protected from flood
damage below the flood protection elevation. This building protection requirement
applies to
the following situations:
(1)
(2)
(3)
(4)
(5)
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Construction or placement of a new building valued at more than
One Thousand Dollars ($1,000.00);
Substantial improvements made to an existing building;
Structural alterations made to an existing building that increase
the floor area by more than twenty percent (20%);
Installing a manufactured home on a new site or a new
manufactured home on an existing site (the building protection
requirements do not apply to returning a manufactured home to
the same site it lawfully occupied before it was removed to avoid
flood damage); and
Installing a travel trailer on a site for more than one hundred
eighty (180) days.
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(B) Alternative Methods. Residential or non-residential buildings can meet
the building protection requirements by one of the following methods:
[See NFIP Requirements: 44 CFR 60.3(c)(2).]
(1) The building 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 before compaction and should extend at least ten (10)
feet beyond the foundation before sloping below the flood
protection elevation;
(c) The fill shall be protected against erosion and scour
during flooding by vegetative cover, rip rap , or
other structural measure;
(d) The fill shall be composed of rock or soil and not
incorporated debris or refuse materials; and
(e) The fill shall not adversely affect the flow of surface
drainage from or onto neighboring properties; or
(2) The building may be elevated in accordance with the following:
[See: NFIP Requirements: 44 CFR 6O.3(a)(3) and
60.3(c)(5).]
(a) The building or improvements shall be elevated on stilts,
piles, walls, or other foundation that is permanently open
to flood waters;
(b) The lowest floor and all electrical, heating, ventilating,
plumbing, and air conditioning equipment and
utility meters shall be located at or above the flood
protection elevation;
(c) If walls are used, all fully enclosed areas below the base
flood elevation shall address hydrostatic pressures by
having a minimum of two (2) permanent openings no
more than one (1) foot above grade and providing a
total net area of not less than one (1) square inch for
everyone (1) square foot of enclosed area subject to
flooding below the base flood elevation;
(d) the foundation and supporting members shall be anchored
and aligned in relation to flood flows and adjoining
structures so as to minimize exposure to hydrodynamic
forces such as current, waves, ice and floating debris;
(e) all structural components below the flood protection
elevation shall be constructed of materials resistant to
flood damage;
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(f) water and sewer pipes, electrical and telephone lines,
submersible pumps, and other service facilities may be
located below the flood protection elevation provided they
are waterproofed; and
(g) no area below the flood protection elevation shall be used
for storage of items or materials.
(C) Manufactured homes and travel trailers to be installed on site for more
than one hundred eighty (180) days shall be:
(1) elevated to or above the flood protection elevation; and
(2) 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 IL
Adm. Code 870.
(D) Non-Residential buildings may be structurally floodproofed (in lieu
of elevation) provided a registered professional engineer certifies that:
(1) below the flood protection elevation, the structure and attendant
utility facilities are watertight and capable of resisting the effects
of the base flood;
(2) the building design accounts for flood velocities, duration, rate of
rise, hydrostatic and hydrodynamic forces, the effects of
buoyancy, and impact from debris and ice; and
(3) floodproofing measures will 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.
[See NFIP Requirements: 44 CFR 60.3(c)(4).]
15-1-8 SUBDIVISION AND OTHER DEVELOPMENT REQUIREMENTS.
The City Council shall take into account flood hazards, to the extent that they are
known, in
all official actions related to land management use and development.
(A) Data Required. New subdivisions, manufactured home parks,
annexation agreements, planned unit developments, and additions to manufactured
home parks
and subdivisions shall meet the damage prevention and building protection standards of
Sections 15-1-6 and 15-1-7 of this Code. Any proposal for such development shall
include the
following data:
(1) The base flood elevation and the boundary of the floodplain
(where the base flood elevation is not available from an existing
study, the applicant shall be responsible for calculating the base
flood elevation);
(2) The boundary of the floodway when available; and
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A signed statement by a Registered Professional Engineer that the
proposed plat or plan accounts for changes in the drainage of
surface waters in accordance with the Plat Act (See 765 Dlinois
Compiled Statutes, Sec. 205/2).
(B) Health Standards. Public health standards must be met for all
floodplain development. In addition to the requirements of Sections 15-1-6 and 15-1-7,
the
following standards apply:
(1)
(3)
No development in the floodplain shall include locating or storing
chemicals, explosives, buoyant materials, flammable liquids,
pollutants, or other hazardous or toxic materials below the flood
protection elevation unless such materials are stored in a storage
tank or floodproofed building constructed according to the
requirements of Section 15-1-7 of this Code.
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 flood protection
elevation are watertight.
(C) All other activities defined as development shall be designed so as not to
alter flood flows or increase potential flood damages.
[ED. NOTE: This section sets minimum subdivision design review and recording
standards when subdivisions are located within a floodplain. It also provides guidance
for other activities dermed as "development" which may occur in a floodplain. NFIP
Requirement: 44 CFR 60.2(c)
NFIP Requirement: 44 CFR 60.3(b)(3) only applies to subdivisions greater than
five (5) acres or fifty (50) lots.
All new plats recorded must show the location of any floodplains and must be
signed, sealed, and certified by an Illinois Registered Land Surveyor as per the
requirements of Public Act 85-267.]
(2)
15-1-9 VARIANCES. Whenever the standards of this Code place undue
hardship on a specific developmept proposal, the applicant may apply to the Appeals
Board for
a variance. The Appeals Board shall review the applicant's request for a variance and
shall
submit its recommendation to the City Council. The City Council may attach such
conditions
to granting of a variance as it deems necessary to further the intent of this Code.
(A) Requirements for Variance. No variance shall be granted unless the
applicant demonstrates that:
( 1)
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(2)
The development activity cannot be located outside the
floodplain;
An exceptional hardship would result if the variance were not
granted;
The relief requested is the minimum necessary;
There will be no additional threat to public health or safety, or
creation of a nuisance;
(3)
(4)
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(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 applicant's circumstances are unique and do not establish a
pattern inconsistent with the intent of the NFIP; and
(7) All other required local, state and federal permits have
been obtained.
[65 ILCS Sec. 5/11-13-4 and 5/11-13-5 establishes specific
municipal zoning variance criteria.]
(B) Notification of Applicant. The Administrator shall notify an applicant
in writing that a variance from the requirements of the building protection standards of
Section
15-1-7 would lessen the degree of protection to a building will:
(1) Result in increased premium rates for flood insurance
up to Twenty-Five Dollars ($25.00) for One Hundred Dollars
($100.00) 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.
[NOTE: The Standard Flood Insurance Policy permits an
insurance adjustor to not pay for damage that was caused by
something the owner did which increased the hazard to the
property. Section 1316 of the National Flood Insurance Act
authorizes local officials to request denial of flood insurance
for buildings in violation of local floodplain codes.]
( C) Variances to the building protection requirements of Section 15-1-7 of
this Code requested in connection with the reconstruction, repair or alteration of a site or
building included on the National Register of Historic Places or the Illinois Register of
Historic Places may be granted using criteria more permissive than the requirements of
Section 15-1-19 (A)(1-5).
[NOTE: Communities in the NFIP are required to maintain a record of all
variance actions, including justification for their issuance, and report them to FEMA.
FEMA may review variances and suspend a community from the NFIP if the review
"indicates a pattern inconsistent with the objectives of sound floodplain management..."]
15-1-10 DISCLAIMER OF LIABILITY. The degree of protection required by
this Code 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 Code
does not
imply that development either inside or outside of the floodplain will be free from flooding
or
damage. This Code does not create liability on the part of the City or any officer or
employee
thereof for any flood damage that results from reliance on this Code or any
administrative
decision made lawfully thereunder.
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15-1-11 PENALTY. Failure to obtain a permit for development in the
floodplain or failure to comply with the conditions of a permit or a variance. shall be
deemed
to be a violation of this Code. Upon due investigation, the Administrator may determine
that
a violation of the minimum standards of this Code exist. The Administrator shall notify the
owner in writing of such violation.
(A) If such owner fails, after ten (10) days' notice, to correct the violation:
(1) The City may make application to the Circuit Court for an
injunction requiring conformance with this Code or make
such other order as the court deems necessary to secure
compliance with this Code.
(2) Any person who violates this Code shall, upon conviction
thereof, be fined not less than Seventy-Five Dollars ($75.00) nor
more than Seven Hundred Fifty Dollars ($750.00).
(3) A separate offense shall be deemed committed upon each day
during or on which a violation occurs or continues.
(B) The City 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.
(C) Nothing herein shall prevent the City from taking such other lawful
action to prevent or remedy any violations. All costs connected therewith shall accrue to
the
person or persons responsible.
15-1-12 ABROGATION AND GREATER RESTRICTIONS. This Code
repeals and replaces other ordinances adopted by the City Council to fulfill the
requirements of
the National Flood Insurance Program including: However, this Code
does not repeal the original ordinance adopted to achieve eligibility in the Program. Nor
does
this Code repeal, abrogate, or impair any existing easements, covenants or deed
restrictions.
Where this Code and other ordinance easements, covenants or deed restrictions
conflict or
overlap, whichever imposes the more stringent restrictions shall prevail. [See: NFIP
Requirement: 44 CFR 60.2(B).]
(See 65 ILCS 5/1-2-1; 5/11-12-12; 5/11-30-2; 5/11-30-8 and 5/11-31-2)
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